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SACRAMENTO, Calif. — A California appeals court is reviewing a challenge to a lower court decision that allows Westfield shopping malls to ban political and religious discussions between strangers. The ban also applies to the wearing of clothing caring controversial messages.
Dubbed as the “Don’t Talk to Strangers” rule by the Pacific Justice Institute, the policy came to light in 2006 when Matthew Snatchko, a youth pastor visiting the Roseville Galleria Mall, approached several shoppers and asked them if he could talked to them about their faith, said Matthew McReynolds, a staff attorney with Pacific Justice Institute, which is representing Snatchko. The shoppers agreed and they were in the middle of a quiet conversation when several security guards, summoned by a nearby store employee, approached and began monitoring the conversation.
“He was engaged in a casual conversation,” the attorney said of his client. “Once they realized it was religious, then they interrupted him.”
After asserting his legal rights to be there and express himself, Snatchko agreed to leave, but, his attorney said, the security guards handcuffed and escorted him off of the premises and then transported him to a police station where Snatchko was booked on trespassing charges. Although the charges were subsequently dismissed, a civil suit was filed in 2007 to protect other citizens, McReynolds said.
A superior court judge upheld the mall’s rules in 2008, so Snatchko appealed the decision to the 3rd Appellate District in Sacramento.
“The rules we are attacking here in Sacramento can be an issue (anywhere in the state),” he said, adding that restrictions based on volume, time and place are reasonable, but that restrictions on content are excessive and unconstitutional.
Westfield operates numerous malls across the country and has a strong presence in California. If upheld, the Don’t Talk to Stranger’s policy could be implemented by other shopping malls.
Under the terms of the mall policy, citizens wishing to discuss non-commercial issues on mall property must obtain a permit for “expressive activity.” The rule, McReynolds said, extends to religious and political messaging on clothes.
It’s unclear how the policy could affect customers of C28, a Christian apparel store that operates shops in five Westfield malls statewide, including North County Fair Mall in Escondido, Parkway Plaza in El Cajon, Main Place Mall in Santa Ana, Westfield Palm Desert Mall in Palm Desert and Oakridge Mall in San Jose.
Could someone purchase a sweatshirt in the store wear it into the mall and be arrested or escorted out?
“That’s a good question,” McReynolds said. “Perhaps it’s the almighty dollar, not the Almighty Himself.”
A call to Westfield attorney, Stephen Norris, with the Encino-based firm Horvitz & Levy, was not returned.
McReynolds said he believes prior court rulings weigh in his client’s favor, adding that California’s constitution provides even greater First Amendment protections than the U.S. Constitution. The federal law, he said applies to government-owned property and entities. The state law, however, is broader and applies to common areas where people gather, regardless of whether the property is public or private. Those areas have generally included gathering-type venues that mirror the old town squares.
“These Don’t Talk to Stranger rules are great rules to have when you are trying to each kids about safety, but they are absurd when they are imposed on adults in a public place. We hope the appeals court looks at it with fresh eyes.”
Attorneys on both sides filed their briefs for the appeal in late January and are under review. The appeals court could issue a ruling based solely on existing documents filed by counsel or they could order oral arguments to hear more testimony. If his client is unsuccessful at the appellate level McReynolds said they will consider an appeal to the California Supreme Court.
“I think this is an issue that people from a lot of different religious and political ideologies can agree on,” McReynolds said, adding he didn’t expect a decision for several months.
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