Chapter 1

 

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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