July 27, 2016

PLF files notice of appeal in union access case

By Wen Fa Attorney

PLF is continuing its fight for property rights. Earlier this year, PLF filed a civil rights lawsuit that sought to enjoin enforcement of the ALRB‘s access regulation, which allows union organizers to conduct protests on private property for three hours per day. As PLF argued in its pleadings, the regulation amounts to an uncompensated taking of property — in violation of the Fifth Amendment to the United States Constitution — because it transfers an easement from property owners to union protesters.

Unfortunately, the district court rejected our argument. Today PLF filed a notice of appeal, which tells the opposition that we are taking this case to the Ninth Circuit. PLF has a long history of success litigating on behalf of property owners in appellate courts — including nine straight wins in the Supreme Court of the United States. In one, we asked the Supreme Court to review a regulation imposed by the California Coastal Commission, and approved by the California Court of Appeal. The Supreme Court not only invalidated the regulation, but also branded it as an “out-and-out plan of extortion.” PLF hopes to continue its success in appellate courts with this important case.

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