The case of Golden
Gateway center v. Golden Gateway Tenants Association (1999) 73 C.A.4th 908
involved a tenant association that distributed unsolicited newsletters to
apartments.
Golden Gateway Center
includes a retail center plus 1,254 residential rental units. Building
management prohibits door-to-door solicitations and leafletting within the
buildings. The center sought to enjoin the association from distributing
newsletters. The association cross-complained for injunctive and declaratory
relief. The San Francisco Superior Court ruled in favor of the tenant
association. The building owner appealed.
The court of appeal
reversed, ruling that an apartment complex is not a public forum so the owners
can prohibit distribution of unsolicited literature.
The court noted that
Robins v. Pruneyard Shopping Center involved a forum open to the public but an
apartment complex is private for tenants and invited guests. The court of
appeal found no violation of free speech rights by denying the association the
right to distribute unsolicited literature.
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