Southcenter Joint Venture v. National Democratic Policy Committee

(concurring in the result)—I agree with the majority that, given the facts of this case, Const, art. 1, § 5 (hereinafter section 5) does not allow the petitioners the right to solicit donations and memberships within a private shopping mall. The majority's rationale for reaching this result, however, is one with which I cannot agree.

*435In applying the interpretive criteria we developed in State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986),48 I find a different basis for our common result. There simply is no compelling reason why we should append a state action requirement to section 5 when the…