8 SUE WAL-MART OVER PROTEST ARRESTS

Mendocino County Residents Accuse Store Of Violating Rights In Ukiah Incident

UKIAH -- Eight Mendocino County residents filed suit Friday against
Wal-Mart, claiming the store violated their civil rights by having them
arrested during a protest in front of the store.

Their protest followed the arrest of a man who was gathering signatures at
Wal-Mart in February last year for a countywide initiative to legalize the
personal use of marijuana.

The eight plaintiffs in the suit were placed under citizen's arrest by
Wal-Mart staff members, who contended that the protesters violated the
store's policy.

District Attorney Norman Vroman refused to prosecute those arrested in the
two incidents, saying the protesters and petitioners acted within their rights.

A Wal-Mart spokesman said Friday that the Ukiah store has the right to
decide who can come onto its property.

The activists claimed that they were falsely arrested and denied their
state constitutional rights. They also contend that Wal-Mart carried out
unfair business practices by targeting people who criticize the store.

Mark Merin, attorney for the plaintiffs, said court decisions have allowed
people to exercise their rights to free speech and public assembly in
privately owned shopping centers because shopping centers have the
characteristics of a public forum. As a result, private property rights
have to yield to the First Amendment rights, he said.

Dan Hamburg, one of the plaintiffs, said Wal-Mart's policy is unreasonably
restrictive, and he hopes the lawsuit will bring about changes to the policy.

"They (Wal-Mart) like to advertise themselves as being very American. But
when it comes to exercising our American values, like the Bill of Rights
and the constitutional freedoms, they are not quite as American," said
Hamburg, who also is a former congressman.

Wal-Mart spokesman Bill Wertz cited court rulings that say large private
businesses cannot automatically be equated as a public forum, and so have a
greater power to regulate activities on their premises.

Wertz said the Ukiah store is not a shopping center.

"We would be within our rights to prohibit anyone coming on our private
properties. But we don't do that, we just ask them to follow certain
rules," Wertz said.

Wal-Mart's rules on petitioning and solicitation say people have to obtain
prior approval from the store's management, which can then review the signs
and literature for the proposed activities before making a decision. People
also have to carry proper identification and stay within a designated area.

The suit also named Donald Estes, former manager of the Ukiah Wal-Mart, as
a defendant. Estes, who is now a Wal-Mart manager in Turlock, declined to
comment Friday, saying he hadn't seen the suit.

The suit seeks unspecified damages.