Same-sex marriage activists win free speech battle against Target – for now

A San Diego Superior Court judge issued a preliminary ruling last week that same-sex marriage advocates can petition shoppers at Target stores in California, but must remain 30 feet from the entrances and they may only approach shoppers one entrance at a time.

On March 25, the Minneapolis-based retail store sought an injunction to stop Canvass for a Cause (CFAC) from collecting signatures in support of gay marriage. The corporation wants to bar the activists from every outlet in the state, alleging they harass customers by cornering them near store entrances to discuss gay marriage, solicit donations and collect signatures on petitions for their cause.

“Target was denied a restraining order against Canvass for a Cause, citing there was no evidence volunteers were threatening or harassing,” CFAC wrote on its Facebook page. “This is a win, not just for the LGBT community but for anyone who cherishes fundamental American values, like free speech and participation in the democratic process.”

Last week’s decision by Judge Jeffrey Barton denied Target’s request, but still did not give either side a clear victory. The ruling could be temporary; the judge will not make a final decision until the case goes to trial, which could start up to six months from now, or until both sides agree to settle.

“It’s not going to really affect the activities that they are doing. The ruling pretty much confirms what (CFAC) is already doing,” said Bryan Pease, CFAC’s attorney.

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