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Can I stand outside of a store and tell people not to shop there?

Arcadia, CA |

I am furious with a store located inside a mall and their selling tactics and lying employees. Shady company overall. I am just wondering how far I can go so I don't get arrested.

Attorney Answers 6


  1. Best answer

    This is not a personal injury issue, this is a freedom of expression issue. CA follows the Robins v. Pruneyard decjsion, in which the US Supreme Court upheld the right of students to protest in a mall. And CA's Constitution gives broader expression rights to citizens than the US Constitution does, so I do think you can do this. But just because you CAN do something doesn't mean you SHOULD, or that it's the best solution.

    As my colleague suggests, the store or mall has the right to impose time, place and manner restrictions on protestors' rights, and the consequences of their enforcement may not be pleasant.

    More importantly, protesting may not be the best way to express your fury and achieve your goals.

    Maybe creating a "gripe" "xxxsuckos.com" website?

    Maybe challenging a purchase at this store through your credit card company?

    Maybe a well-drafted demand letter from a lawyer?

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  2. You will possibly need a permit to demonstrate. Call your local government and get legally registered. Also speak with a local attorney.

    Tim


  3. No. A mall is private property. First amendment protection applies only to government action. Private property owners have a right to eject trespassers.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  4. Contact a civil rights /first amendment lawyer in your state. the rules as to where you can be, vary. the configuration of the mall is also an issue. In the mean time, if you go there, and you are inside an enclosed mall, and the mall security asks you to leave, you should. It is possible you could be arrested for trespass. While you might get the charges dropped, you probably dont need the hassle and expense.


  5. If you do, be sure to only state truthful facts, or state opinions. If you state untruthful facts you might subject yourself to a claim of defamation.

    A fact is information about the present or the past. It is a direct statement of information or data.

    An opinion is a characterization or belief.

    If you tell a customer walking into the store that the manager of the store stole $100 from you last week, that is a fact. If you tell that same customer that the manager of the store is a money-grubbing, greedy, no good store manager, that is an opinion.

    Opinion is never defamation. False facts can create defamation exposure.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  6. I would suggest that you simply stay away from that store and tell all your friends of what you beleive the store is doing. Word of mouth travels fast and can quickly put a stop to the stores dishonest selling methods. Getting arrested would only cost you money and time. This would stop the store from the dishonest selling methods.
    Good Luck

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference