Legal Opinion

Best Animal Society v. Macerich Westside Pavilion Property LLC

California Court of Appeal

Decided March 2, 2011No. B221067PublishedCited by 8 opinions

1Opinion of the Court

Opinion

ASHMANN-GERST, J.

The question presented is whether article I, section 2 of the California Constitution permits a privately owned shopping mall to *172enforce rules that give preferential treatment to labor speech and thereby discriminate against other types of speech. The answer is no. We therefore reverse the trial court’s order denying the motion for preliminary injunction filed by Best Friends Animal Society (Best Friends) against Macerich Westside Pavilion Property LLC (Macerich), the owner of the Westside Pavilion Shopping Center (Westside Pavilion).

FACTS

Westside Pavilion is a large…

2Cases cited25 opinions

  1. Police Dept. of Chicago v. MosleySupreme Court of the United States · 1972
  2. Heffron v. International Society for Krishna Consciousness, Inc.Supreme Court of the United States · 1981
  3. PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
  4. Carey v. BrownSupreme Court of the United States · 1980
  5. Police Department of Chicago v. MosleySupreme Court of the United States · 1972

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3Cited by8 opinions

  1. Summit Bank v. RogersCalifornia Court of Appeal · 2012
  2. Beeman v. Anthem Prescription Management, LLCCourt of Appeals for the Ninth Circuit · 2012
  3. Ctr. for Bio-Ethical Reform, Inc. v. Irvine Co., California Court of Appeal, 5th District2019
  4. Raef v. Appellate Division of the Superior CourtCalifornia Court of Appeal · 2015
  5. Park Mgmt. Corp. v. in Def. Animals, California Court of Appeal, 5th District2019

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