Fred Meyer, Inc. v. McDonald

Plaintiff appeals from a judgment dismissing its action for declaratory and injunctive relief. It sought to prevent persons, including defendant Weitzman, 1 from locating themselves at 41 of its stores for the purpose of soliciting signatures on initiative petitions. It did not seek to prohibit signature-collecting activities at any other Fred Meyer store.

The trial court determined that, under State v. Cargill, 100 Or App 336, 786 P2d 208, rev allowed 310 Or 133 (1990), defendant was engaged in constitutionally protected activity and could not be prohibited from collecting signatures at the…