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Labor/Employment

Jul. 30, 2010

Crossing the Line: Labor Dispute Protestors Deemed Trespassers

At what point does peaceful protesting become “trespassing?” By Wendy E. Lane of Rutter Hobbs & Davidoff.

By Wendy E. Lane

Until last week, two California laws - Code of Civil Procedure Section 527.3 (also known as the Moscone Act) and Labor Code Section 1138.1 - made it all but impossible for businesses to prevent labor dispute demonstrations on private sidewalks directly in front of their business. Last week, a three-judge panel from the 3rd District Court of Appeal found both of those statutes unconstitutional, deeming union members who picketed outside of...

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