> [Original Message] > From: Tom Goldstein/Elysian Fields Quarterly <[EMAIL PROTECTED]> > > As Paul Wellstone once said, saying hello to someone is a political act. > The ruling regarding the rights of groups to protest at the Mall of America > was a poor one, especially given the public investment in that structure, > but I suppose there's enough of a private nature to that indoor behemoth > that the court found a way to justify its ruling. But I don't think the Farmer's > Market comes anywhere near to meeting that test, and how they might > choose to interpret their lease with the city doesn't mean they're correct > or even right. >
This bad law comes from an older ruling against a labor union's right to picket in common areas of a mall where the employer was housed. Common areas are not necessarily public areas for this purpose. Go figure. Most rulings of this nature stem from labor disputes. The reason they are unusually restrictive is that nobody, but nobody, cares when courts rule against a labor union. I don't think the Farmers' Market can be considered as insulated as a mall, either. A lot depends on the lease arrangement, though. Jane Prince is trying to unravel this legal ball of yarn for us. I'll bet she's finding it quite a tangle. Guy Western the West Side _____________________________________________ To Join: St. Paul Issues Forum Rules Discussion Email: [EMAIL PROTECTED] _____________________________________________ NEW ADDRESS FOR LIST: [EMAIL PROTECTED] To subscribe, modify subscription, or get your password - visit: http://www.mnforum.org/mailman/listinfo/stpaul Archive Address: http://www.mnforum.org/mailman/private/stpaul/
