Pubdate: Sat, 17 Feb 2001
Source: Press Democrat, The (CA)
Copyright: 2001 The Press Democrat
Contact:  Letters Editor, P. O. Box 569, Santa Rosa CA 95402
Fax: (707) 521-5305
Feedback: http://www.pressdemocrat.com/opinion/letform.html
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Author: Ucilia Wang, The Press Democrat
Related: http://www.mapinc.org/drugnews/v00/n262/a05.html

8 SUE WAL-MART OVER PROTEST ARRESTS

Mendocino County Residents Accuse Store Of Violating Rights In Ukiah Incident

UKIAH -- Eight Mendocino County residents filed suit Friday against 
Wal-Mart, claiming the store violated their civil rights by having them 
arrested during a protest in front of the store.

Their protest followed the arrest of a man who was gathering signatures at 
Wal-Mart in February last year for a countywide initiative to legalize the 
personal use of marijuana.

The eight plaintiffs in the suit were placed under citizen's arrest by 
Wal-Mart staff members, who contended that the protesters violated the 
store's policy.

District Attorney Norman Vroman refused to prosecute those arrested in the 
two incidents, saying the protesters and petitioners acted within their rights.

A Wal-Mart spokesman said Friday that the Ukiah store has the right to 
decide who can come onto its property.

The activists claimed that they were falsely arrested and denied their 
state constitutional rights. They also contend that Wal-Mart carried out 
unfair business practices by targeting people who criticize the store.

Mark Merin, attorney for the plaintiffs, said court decisions have allowed 
people to exercise their rights to free speech and public assembly in 
privately owned shopping centers because shopping centers have the 
characteristics of a public forum. As a result, private property rights 
have to yield to the First Amendment rights, he said.

Dan Hamburg, one of the plaintiffs, said Wal-Mart's policy is unreasonably 
restrictive, and he hopes the lawsuit will bring about changes to the policy.

"They (Wal-Mart) like to advertise themselves as being very American. But 
when it comes to exercising our American values, like the Bill of Rights 
and the constitutional freedoms, they are not quite as American," said 
Hamburg, who also is a former congressman.

Wal-Mart spokesman Bill Wertz cited court rulings that say large private 
businesses cannot automatically be equated as a public forum, and so have a 
greater power to regulate activities on their premises.

Wertz said the Ukiah store is not a shopping center.

"We would be within our rights to prohibit anyone coming on our private 
properties. But we don't do that, we just ask them to follow certain 
rules," Wertz said.

Wal-Mart's rules on petitioning and solicitation say people have to obtain 
prior approval from the store's management, which can then review the signs 
and literature for the proposed activities before making a decision. People 
also have to carry proper identification and stay within a designated area.

The suit also named Donald Estes, former manager of the Ukiah Wal-Mart, as 
a defendant. Estes, who is now a Wal-Mart manager in Turlock, declined to 
comment Friday, saying he hadn't seen the suit.

The suit seeks unspecified damages.
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