Oral argument in PLF’s access regulation challenge on Nov. 17

Next Friday, I’ll be presenting oral argument in the Ninth Circuit in Cedar Point Nursery v. Gould. The case involves a challenge to the ALRB’s access regulation, which allows union organizers to use the private property of agricultural employers to solicit potential union members. By taking the employers’ private property and giving it to third-party union organizers, the access regulation violates the Takings Clause of the Fifth Amendment and the Seizure Clause of the Fourth Amendment.

The case is important for California growers and the Nation’s consumers. Union intrusions on private property hamper production, especially if they occur in the midst of a busy harvest season. By harming the growers, the regulation also hurts consumers, who are saddled with the resulting increase in prices.

The Ninth Circuit will hear the case at 9 a.m. on November 17 at Courtroom 1 of the James R. Browning Courthouse, 95 7th Street in San Francisco.