Slauson Partnership owns a mini-mall shopping center. Four of the 16 stores were leased to a club known as Imperial Showgirls, which offers nude entertainment from 6 p.m. to 1 a.m. The small shopping center occupies 1.26 acres, with public sidewalks on all four sides.

Richard is pastor of a church located about 1,000 feet from the club. His 200 members objected to the club and began picketing when the club opened.

Purchase Bob Bruss reports online.

But Slauson sought an injunction against Richard and his protesting parishioners because they were allegedly interfering with customers of the 12 other businesses in the shopping center.

At the trial, Slauson presented evidence the protestors were discouraging patrons from shopping with the other businesses in the shopping center. Slauson asked for an injunction restricting picketing to the public sidewalks outside the shopping center. But Richard argued he and his church members have a constitutional right to protest operation of the strip club on the shopping center property.

IF YOU WERE THE JUDGE would you issue an injunction to restrict the picketing to the public sidewalks outside the shopping center?

The judge said yes!

Evidence shows the picketers often became confrontational with shopping center patrons, the judge began. Although the picketers have a legal right to protest the strip club, which they consider to be wrongful, they don’t have a right to interfere with customers visiting any of the businesses in the shopping center, he continued.

Evidence of the conduct of the protestors should be considered when granting or denying the requested injunction, the judge explained.

Because the conduct of the picketers harmed the other businesses in the shopping centers, the protesters are ordered to refrain from picketing on shopping center property and are limited to the public sidewalks around the shopping center, the judge ruled.

Based on the 2003 California Court of Appeal decision in Slauson Partnership v. Ochoa, 5 Cal.Rptr.3d 668.

(For more information on Bob Bruss publications, visit his
Real Estate Center


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