Albertson's, Inc. v. Young

SIMS, J., Concurring and Dissenting.

—I concur with the majority’s affirmance of the judgment, but, with respect, I do not agree with the majority’s reasoning. I think the free speech guarantees of the California Constitution protect against infringement by private citizens. I also think there has never been a time when the initiative process was more deserving of encouragement. However, this judgment must be affirmed on a narrow ground: appellants failed to prove that this Albertson’s store had replaced the public downtowns of Nevada City and Grass Valley as a public forum. The trial court…