cannabisnews.com: 8 Sue Wal-Mart Over Protest Arrests 8 Sue Wal-Mart Over Protest Arrests Posted by FoM on February 18, 2001 at 09:54:54 PT By Ucilia Wang, The Press Democrat Source: Press Democrat 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.Note: Mendocino County residents accuse store of violating rights in Ukiah incident. You can reach Staff Writer Ucilia Wang at 462-6473 or e-mail: uwang pressdemocrat.comSource: Press Democrat, The (CA) Author: Ucilia Wang, The Press Democrat Published: February 17, 2001Copyright: 2001 The Press Democrat Address: Letters Editor, P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Feedback: http://www.pressdemocrat.com/opinion/letform.htmlCannabisNews Articles - Mendocinohttp://cannabisnews.com/thcgi/search.pl?K=Mendocino Home Comment Email Register Recent Comments Help Comment #5 posted by badpatches on April 18, 2001 at 16:21:37 PT wal-mart did same in Canada! hey, about the story about Wal-Mart. simular situation in Langley, British Columbia, Canada and also very unamerican (shame!) Wal-Mart employees were directed by their senior managment to go outside and chase off a group of elderly men. Problem was, they were veterns selling poppies just before Nov. 11th (our armistice day). When they refused to leave, the employees pushed and intimidated the veterns until they had no other choice but to leave. When the story ran in the paper, people were outraged and Wal-Mart actually attempted to defend its position. Eventually, they relented to public pressure and did what most large corporations do when in trouble these days...fire everyone but the manager who made it happen. [ Post Comment ] Comment #4 posted by John Entwistle on February 19, 2001 at 10:13:49 PT: Unionize Wal Mart!! The real issue is Unions!! They are afraid of workers asserting their rights to gather together to a greater extent. That is what is up here!. "Workers of the World Unite! You have nothing to lose but your chains!!"John E. http://www.marijuana.org [ Post Comment ] Comment #3 posted by curandero on February 19, 2001 at 08:35:29 PT: Sam Walton is a plague These "Stoners",.!? people did have a right to gather signatures contrary to what Greenfox espouses, (Spews). This Wal-Mart has a Mcpuke right inside the door, thus making it a shopping center and not a private club. God or no God, Sammy can operate as the feedlot for human cattle all he wants, but the first amendment is not owned by him yet...Wal mart kills communities and is a very prohibitionist organization, not to mention their position on freedom of speech. To support Wal Mart is to support everything that is wrong with America. Boycott them or feed them, simple choice. [ Post Comment ] Comment #2 posted by greenfox on February 19, 2001 at 06:59:01 PT I'll tell ya what's funny here.... Sam Walton, in some parts of the country, is regarded as a god. I am not joking, folks... a god. But you know what? It's policy and I hate to say it but these stoners were in the wrong. You can't solicit Wal Mart. They even tell you so. :)-gf [ Post Comment ] Comment #1 posted by legalizeit on February 18, 2001 at 21:42:37 PT Something's funny here. I'm not sure what the laws are in Northern Cal. counties, but here in Southern Cal., solicitors asking for donations are authorized some sort of protection or right to camp out at the exits of popular stores (including Wal-Mart, of course) and panhandle. In fact, many "Target" stores have a 10x10 foot yellow square which is a designated panhandling area.Now if these glorified panhandlers have a right to hawk donations for God knows what charities, why does someone asking for signatures on a petition deserve to get arrested? Probably for no other reason than that store's manager is a prohibitionist. Plain and simple. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: