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SNATCHKO v. WESTFIELD LLC

No. C059985.

187 Cal.App.4th 469 (2010)

114 Cal. Rptr. 3d 368

MATTHEW SNATCHKO, Plaintiff and Appellant, v. WESTFIELD LLC et al., Defendants and Respondents.

Court of Appeals of California, Third District.

August 11, 2010.

Attorney(s) appearing for the Case

Pacific Justice Institute, Kevin T. Snider, Matthew B. McReynolds; McKinley & Smith and Timothy M. Smith for Plaintiff and Appellant.

David L. Llewellyn, Jr., for Missionary Church of the Disciples of Jesus Christ as Amicus Curiae on behalf of Plaintiff and Appellant.

Center for Law & Religious Freedom, Kimberlee Wood Colby; Crowell & Moring, Bruce Zabarauskas, Frederick W. Claybrook, Jr., and James Maisano for Christian Legal Society as Amicus Curiae on behalf of Plaintiff and Appellant.

Horvitz & Levy, Jeremy B. Rosen, Stephen E. Norris; Katten Muchin Rosenman, Thomas J. Leanse, Stacey McKee Knight and Regina L. Katz for Defendant and Respondent Westfield LLC.

Manning & Marder, Kass, Ellrod, Ramirez, Darin L. Wessel and Sejal Ojha for Defendant and Respondent Professional Security Consultants.

OPINION

CANTIL-SAKAUYE, J.—

In this case we conclude the rules of a large regional shopping mall that prohibit peaceful, consensual, spontaneous conversations between strangers in common areas of the mall about topics that are not related to the activities of the mall, its tenants or the noncommercial sponsored activities of the mall or its tenants are content-based rules that do not withstand a strict scrutiny analysis. The rules are...

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