RALPHS GROCERY COMPANY v. UNITED FOOD
AND COMMERCIAL WORKERS UNION > LOCAL



















Filed 7/19/10













CERTIFIED
FOR PUBLICATION





IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE
DISTRICT

(Sacramento)

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>

RALPHS GROCERY COMPANY, Plaintiff and Appellant, v. UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 8, Defendant and Respondent.

C060413 (Super. Ct. No. 34-2008-00008682-CU-OR-GDS)

Story continued from part I…..





We next turn to the constitutional jurisprudence of the United
States Supreme Court and the two cases,
Mosley and Carey,
that are most relevant to whether the Moscone
Act violates the United States Constitution.

In >Mosley, a 1972 case, the United States
Supreme Court considered a Chicago
ordinance that generally prohibited picketing within 150 feet of a school, but
made a specific exception for picketing in a labor dispute. The plaintiff was a man who frequently
picketed, always peacefully, outside a high school, carrying a sign that stated
that the high school discriminated racially.
He sued for injunctive and declaratory relief because he was told that,
if he picketed after the effective date of the ordinance, he would be
arrested. ( >Mosley, supra, 408 U.S. at pp. 92-93.) The court held that the ordinance violated
the First Amendment and the Equal Protection Clause of the Fourteenth Amendment
because of the ordinance's â€