United Food & Commercial Workers Union v. Crystal Mall Associates

852 A.2d 659, 270 Conn. 261, 2004 Conn. LEXIS 304, 175 L.R.R.M. (BNA) 2347
CourtSupreme Court of Connecticut
DecidedJuly 27, 2004
DocketSC 16956
StatusPublished
Cited by6 cases

This text of 852 A.2d 659 (United Food & Commercial Workers Union v. Crystal Mall Associates) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Food & Commercial Workers Union v. Crystal Mall Associates, 852 A.2d 659, 270 Conn. 261, 2004 Conn. LEXIS 304, 175 L.R.R.M. (BNA) 2347 (Colo. 2004).

Opinion

Opinion

KATZ, J.

The plaintiff, United Food and Commercial Workers Union, Local 919, AFL-CIO, appeals1 from the [263]*263judgment of the trial court denying its request for injunctive relief. The plaintiff sought to enjoin the defendants, Crystal Mall Associates, L.P., and its management company (defendant),2 from prohibiting its entry into the common areas of the Crystal Mall (mall), a privately owned shopping mall located in the town of Waterford, for the purpose of distributing literature and speaking to patrons concerning the issue of employees’ rights. The plaintiff claims that the defendant violated its right to freedom of speech under article first, §§ 43 and 5,4 of the constitution of Connecticut and its right to freedom of assembly under article first, § 14,5 of the constitution of Connecticut. Relying on this court’s decision in Cologne v. Westfarms Associates, 192 Conn. 48, 469 A.2d 1201 (1984), which concluded that our state constitution imposes a state action requirement in order to trigger the protection of free speech and assembly rights, the trial court, Quinn, J., determined that the defendant was a private actor, and therefore, not sub[264]*264ject to the guarantees afforded by the state constitution. Accordingly, the trial court denied the injunction. Urging us to adopt a fact-specific, flexible approach, the plaintiff contends that our constitutional jurisprudence since Cologne dictates that we now inteipret our freedom of expression provisions as providing a less stringent view toward the state action requirement. The plaintiff also points us to those jurisdictions that have interpreted their free speech provisions as conferring broader protection than the federal constitution. We conclude, however, that, even if we were to accept the plaintiffs invitation to interpret our state constitution as providing for a more expansive interpretation of state action, the facts in the present case still would not permit the plaintiff to prevail. We therefore conclude that, in the present case, there is inadequate state action to trigger state constitutional protection, and, accordingly, we affirm the judgment of the trial court.

The record and a joint stipulation the parties submitted to the trial court reveal the following facts and procedural history. The dispute between the parties began on July 7, 1997, when the plaintiff filed a complaint arising from the defendant’s request that the plaintiff leave the Crystal Mall Hometown Fair (Hometown Fair),6 an event held on March 1, 1997. After a complaint by Filene’s, one of the mall’s tenant stores, mall staff had asked the members of the plaintiff union to leave the fair, and they had done so in a peaceful [265]*265manner.7 Thereafter, the plaintiff sought a temporary injunction prohibiting the defendant from denying it access to and participation in any future fairs or similar events and from creating and enforcing any policy that would have the effect of denying the plaintiff access to such events. The plaintiff also sought an award of damages and costs, including attorney’s fees, based on the defendant’s violation of the plaintiffs state constitutional rights to free speech and assembly. On October 8, 1997, after a hearing on the matter, the trial court, Stengel, J., denied the application for temporary injunctive relief, stating that, on the basis of this court’s decision in Cologne v. Westfarms Associates, supra, 192 Conn. 48, the plaintiff was not likely to succeed on the constitutional issues raised, that the plaintiff had not sustained its burden of proof that there was irreparable harm and that the plaintiff had not presented evidence that the defendant had planned to hold future fairs.

Thereafter, on December 28, 2001, the plaintiff wrote to the defendant that some of its members intended to enter the mall on January 9, 2002, “ ‘to distribute literature and talk with people in the mall concerning employee rights under the state and federal laws.’ ” In this letter, the plaintiff represented that its members would “ ‘be peaceful and limit their activity to the common areas of the mall and not the tenant stores.’ ” Additionally, the plaintiff asserted that the distribution of information was “ ‘not an organizational effort.’ ” By letter dated January 2, 2002, the defendant denied the plaintiff permission to enter the mall for the plaintiffs stated purposes.8

[266]*266Thereafter, in an amended complaint filed on March 28, 2002, the plaintiff sought this permanent injunction to enjoin the defendant from denying access to the mall, in violation of the plaintiffs state constitutional rights to freedom of speech and assembly, as well as from creating or enforcing any policy that would have such an effect. In addition, the plaintiff sought costs, attorney’s fees and such other relief as the “court may deem necessary and proper.” On August 15, 2002, the trial court, Quinn, J., relying on this court’s decision in Cologne, denied the injunction. Specifically, the trial court concluded that the state constitutional rights to freedom of speech and assembly may not be exercised against a private property owner’s wishes when that property consists of a large regional shopping center. In addition, the court disagreed with the plaintiffs contention that this matter is factually distinguishable from Cologne because, in the present case, both the state and the town of Waterford had been involved directly in the construction of the mall. This appeal followed.9 Additional facts will be set forth as necessary.

On appeal, the plaintiff asks us to recognize that the Connecticut constitution requires a lesser showing of state action in order to trigger protection of the rights to free speech and assembly than does the constitution of the United States. In so doing, the plaintiff urges us to adopt a fact-specific, flexible analysis in order to determine whether such a state action requirement has been met. The plaintiff urges us to then conclude that the defendant in the present case is a state actor that has violated the plaintiffs state constitutional rights to free speech and assembly.10 In response, the defendant [267]*267contends that the present case is controlled by our decision in Cologne v. Westfarms Associates, supra, 192 Conn. 63. The defendant further contends that, even under a more expansive definition of state action as suggested by the plaintiff, the evidence in the present case still does not establish state action. We agree with the defendant that, even using a lenient standard of state action, the defendant in the present case cannot be deemed a state actor.

I

The following additional facts are important to the disposition of this case. On July 9, 1979, an application was submitted to the Waterford planning and zoning commission seeking permission to construct the mall.

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Cite This Page — Counsel Stack

Bluebook (online)
852 A.2d 659, 270 Conn. 261, 2004 Conn. LEXIS 304, 175 L.R.R.M. (BNA) 2347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-food-commercial-workers-union-v-crystal-mall-associates-conn-2004.