Court Upholds Residential Picketing Restrictions
October 12, 2006 by Beeson Tayer & Bodine
A court decision upholding restrictions on residential picketing helps clarify when unions can and cannot carry labor disputes to the home of the boss or CEO. San Diego Coun- ty has an ordinance that prohibits “picketing activity that is targeted at and is within three hundred feet of a residential dwelling.” In Klein v. San Diego, 463 F.3d 1029, the Ninth Circuit Court of Appeals considered the constitutionality of that ordinance in the context of picketing undertaken by a citizens’ group that set up pickets at the home of the general manager of a San Diego County water district. When the sheriff threatened to arrest the protesters for picketing within 300 feet of the targeted home, the protest was abandoned.
The protestors then filed a lawsuit challenging the validity of the residential picketing ordinance arguing that the ordinance is an invalid restriction on free speech. But the Ninth Circuit ruled that the ordinance is valid because it does not restrict the content of the speech, but rather the area where the picketing can occur; it serves a significant government interest of “protect[ing] the well-being, tranquility and privacy of the home; and the area restrictions as applied to the facts of this case are not overbroad. Because the targeted home in this case was on a large lot set back nearly 300 feet from the property line, the ordinance permitted picketing quite near the general manager’s property line, and the court concluded that the ordinance did not impermissibly interfere with free speech rights. The court noted, however, that the one-size-fits all rule here might in other cases be applied in such a way as to impermissibly interfere with a protestor’s free speech right to deliver a mes- sage to a targeted audience. “[T]he right to residential pri- vacy,” the court observed, “does not encompass a right to remain blissfully unaware of the presence of picketers.”
Residential picketing rules vary by locality. Before you embark on a public protest in a residential neighborhood, make sure you are familiar with the local rules, and if you have any questions about the rule’s application or validity, please contact our office.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
