PLF files Ninth Circuit brief to salvage Growers’ property rights

December 07, 2016 | By WENCONG FA

In Cedar Point Nursery v. Gould, PLF represents California businesses that want to make productive use of their land. Together, the businesses employ around 3,000 Californians and produce millions of dollars for California’s economy in the form of oranges, table grapes, and strawberry plants.

Unfortunately, an Agricultural Labor Relations Board regulation allows union organizers to go on private land for union purposes. In 2015, union organizers entered our client’s property, and meandered around with bullhorns. Some workers left the property during an important harvest season. Others felt scared and intimidated.

Today PLF filed its opening brief in the Ninth Circuit. PLF argues that the regulation isn’t just disruptive, but also a flagrant violation of constitutional rights. By redistributing property from property owners to union organizers, the regulation violates the Fifth Amendment prohibition on uncompensated takings and the Fourth Amendment prohibition on unreasonable seizures. We expect to file a reply brief by February 2017.