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. 

Documents

Order Granting Certiorari
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Petition for a Writ of Certiorari
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Pacific Legal Foundation is a national nonprofit law firm 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 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.

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