Happy 4th of July: Judge Rules Free Speech Can Be Banned At Raley's Store

In what is being described as an "anti-4th of July, Independence Day" message from the courts, a community group attempting to recall an out-of-control city council in Suisun said today a Solano County Court judge has ruled free speech has to take a back seat to big property owners - at least in Suisun.

Solano County judge Paul Beeman Wednesday granted a preliminary injunction to Raley's, Inc. that allows the chain to ban free speech not only in its store, but also on the sidewalk in front and on the sides of its store in the Heritage Shopping Center in Suisun, to "Save Our Suisun," the group circulating petitions to recall three members of the city council.

The store argued that "property rights" take precedent over other rights, even the 1st Amendment to the U.S. constitution, and the California constitution, despite a spate of court decisions that support freedom of expression on private property in public places.

"It is ironic, and sad, that as our country prepares to celebrate our Independence Day, July 4th, that we witnessed an attorney from Raley's argue - and a judge agree - that the Constitution, and Bill of Rights, should be superseded by 'property rights," said Cres Vellucci, a spokesperson for "Save Our Suisun" and a ACLU/Sacramento board member.

"Our founding fathers purposely argued that we had free speech in the village shopping square, replaced today by shopping centers and malls. There is a very good reason they made freedom of speech the very first amendment in the Bill of Rights. People have fought and died for free speech, not property rights," said Vellucci, a Vietnam veteran.

The Law Office of Mark Merin, a major civil rights firm based in Sacramento, represented "Save Our Suisun" and has agreed to pursue any appeals necessary to reverse the decision

Merin argued, in a brief filed with the court, that the attempts to ban or restrict peaceful petitioning are "unconstitutionally restrictive." Raley's has also repeatedly, over the span of a month, called police to arrest community group members.. Police refused.

SOS, an all-volunteer citizen group that includes many retired longtime residents, is attempting to recall Suisun City Mayor Pete Sanchez, and council members Jane Day and Michael Hudson because they have risked the public safety by approving a Wal-Mart SuperCenter near an air base over the objections of public safety experts. SOS also said the council have lost the public trust by raising their own compensation plans 118 percent and making questionable loans, and offering no-bid contracts.

judythpiazza@newsblaze.com