Legal Question in Constitutional Law in California
flyer distribution
My partner and I have been kicked out of Walmart's parking lots distributing flyer's for a local nightclub's event. Is it illegal for us to pass out these flyers on businesses property in the state of California, LA County? What law in the California constitution addresses these issues?
1 Answer from Attorneys
Re: flyer distribution
Case law states that property owners may regulate the time, place and manner of distribution of leaflets and other activities. This includes controlling litter, blocking the flow of pedestrian traffic, and the like. If it involved a person's free-speech rights like political speech, or if it involved activity related to a merchant at the mall, you would have constitutional issues. If it were on the sidewalk out of the way of pedestrian flow, you might have a good argument.
Here, I assume, the nightclub is not contained within the Walmart shopping center and, Walmart might argue, it would cause litter and distract drivers. If you want to do further research, you can review the following California case: Savage v. Trammell Crow Co., 223 Cal. App. 3d 1562 (1990), and several U.S. Supreme Court cases as well.