Copy of email from HSUS re: Where it is legal to do Trader Joe's Leafletting

October 25, 2005

Dear Hannah and List,

Attached to this email is the letter I received from Krista Hughes of the Humane Society of the United States (HSUS); halfway through her email, she makes reference to what is and is not legal in their campaign to leaflet consumers and to convince Trader Joe's to abandon eggs from battery-caged hens.

It is not legal to be on private property, and that would include any territory within a mall, if a representative from the mall corporation (a security guard or other individual employed by the mall) objects. However, if the person objecting is just a regular citizen, although it is not strictly legal, you can probably continue until a mall representative asks you to leave, and then you must cease.

Good luck and kudos to you for caring about the hens! [The problem with malls being private property is the reason I picked the Trader Joe's at Geary and Masonic in San Francisco instead in a mall, because the sidewalk outside is public property. You are welcome to join the Veggie Jews Tsedakah (charity) Brigade leafleting at Trader Joe's on Sunday, November 6, at 3:00 p.m. (60 minute demonstration). I already have leaflets in hand.]

Below, the HSUS text, current as of October 17, 2005:

Dear Supporter,Thank you for requesting brochures to distribute at your local Trader Joe's locations! Getting them into the hands of Trader Joe's customers is one of the best ways to help the company realize that its customers do not support the abuse of laying hens. The Humane Society of the United States (HSUS) is fortunate to have supporters like you who are dedicated to ending the suffering of millions of hens confined in cruel battery cages. Helping Trader Joe's make the socially responsible decision to discontinue sales of eggs from caged birds is a crucial component of the broader campaign to end the most egregious factory farming practices. And leafleting for only 30 minutes a week goes a long way. We've already heard back from dozens of volunteers that leafleting efforts from coast-to-coast are going well. Check out this link for reports from some activists: http://tinyurl.com/exgck.If you ordered brochures but do not live in a state with Trader Joeâ€™s locations (check www.traderjoes.com/locations/index.asp for a list), we deeply appreciate your support but ask that you instead contact the company and ask that they adopt a cage-free egg policy. The contact information is:Dan Bane, Chairman and CEOTrader Joe's Company, Inc.800 S. Shamrock Ave.Monrovia, CA 91016626-599-3817 (West Coast) 781-455-7319 (East Coast)Just a reminder to those who will be leafleting, please make sure to be polite to everyone you speak with, including Trader Joe's employees. Make sure always to be respectful. Remember: you're representing the animals when you're leafleting, so be a good ambassador.It can be difficult to determine what is and isn't private property. If during the course of your leafleting experience you are told by a police officer that you're on private property, it's probably a good idea to pack up and move on. However, it will hopefully be the case that you'll be leafleting on a public sidewalk, which is within your rights.To help us keep track of the numerous actions taking place across the country, it would be great if you could email me at khughes with a short message about your leafleting experience. If you run out of brochures, don't hesitate to contact me and I'll mail you more.Thanks again for taking time to leaflet at Trader Joe's. Iâ€™m looking forward to hearing from you!Best,Krista Hughes, Corporate Marketing ManagerFactory Farming CampaignThe Humane Society of the United States2100 L St. NWWashington, DC 20037301-721-6413khugheswww.hsus.orgwww.HumaneEating.org

October 26, 2005

My thoughts on leafletting at Trader Joes' or any demo:

I always have a copy of this below that I hand to any employee who comes out when leafletting...public or private:

I would suggest you call the city and find out the parameters further. But The US constitution clearly gives us a right to be able to leaflet, even if on private property:

"The right to free expression includes both leafleting and talking to patrons on privately owned property open to the public" Westside San/Freeze v. Ernest W. Hahn, Inc (1990) 224Cal.App.3d546; 274 Cal. Rptr. 51

"Free expression is protected on private property which is open to the public" Robins v. Pruneyard Shopping Ctr (1979) 23 Cal. 3d 899; 153 Cal. Rptr 854 592 P2d 341

Although these speak to California, law they are also upheld by the US constitution. BUT please check with your area ordinances. I am finding personally that security will say anything and when the issue is forced peacefully, of course, they back off.

"Peaceful Picketing or handbilling carried on in a location open generally to public is, absent other factors involving purpose or manner of the picketing, protected by the First Amendment." In Re Lane (1969) 79 Cal. Rptr> 729: 71 Cal.2d 872.

They usually go away. This is what happened at the last Trader Joe's (private property) I did.

I resolve that I will continue leafletting on any property, public or private, until a police officer insists that I leave. Usually by the time one may show up...which is very rare. I have already handed out all my leaflets. I am always polite and courteous with everyone.

Having said this. I have gotten permission from my local shopping mall to do a free tabling in a fantastic spot. I reach 100's of people when I do this. I do this quarterly (Pleasant Hill). (My next one is Dec 2 and I do it myself unless you can join me please!...the focus will be X-mas dinner and anti-Fur) You can probably work this out with your local mall too...it is usually part of their "free speech" policy...which you have every right to excercise.

The way I understand it is, the shopping area management, public or private, can't discriminate and say, for ex: between a voter registration person or a muscular Dystrophy person and a Trader Joes's, HSUS or Peta leafletter.

I am not a legal person but have researched this. But I think it is an excellent idea to take the workshop with Thea Langstrom coming up.

Paris