November 13, 2020

Supreme Court will hear union trespassing case 

Washington, D.C.; November 13, 2020: The U.S. Supreme Court announced today that it will hear a challenge to a California law that allows employee unions to trespass on private property. California law requires agriculture producers to open their property and businesses to union activists, which disrupts their business operations and takes their property without compensation. 

Early one morning in 2015, hundreds of workers at Cedar Point Nursery were startled when union activists came into their place of business, yelling into bullhorns and demanding that the workers join the union. Mike Fahner, owner of Cedar Point, decided to challenge that state law that forced him to host the union’s activities.  

“The Constitution forbids government from requiring you to allow unwanted strangers onto your property. And union activists are no exception,” said Joshua Thompson, a senior attorney at Pacific Legal Foundation which asked the high court to hear the case. “California’s regulation that allows them to do so violates property owners’ fundamental right to exclude trespassers.” 

The case is Cedar Point Nursery v. Hassid. Pacific Legal Foundation represents Cedar Point Nursery and Fowler Packing Company free of charge. 

Case Documents

Order Granting Certiorari
November 13, 2020 Download
Petition for a Writ of Certiorari
July 29, 2020 Download

About Pacific Legal Foundation

Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 39 states plus Washington, D.C., PLF represents clients in state and federal courts, with 12 victories out of 14 cases heard by the U.S. Supreme Court.

If you are on deadline and need immediate assistance, or need a comment from a PLF attorney, please contact our media team at media@pacificlegal.org.

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