Flyers on cars in the lot

[paparada]

What is the name of your state (only U.S. law)? Pennsylvania
I am planning a picnic for my fellow employees at work. I asked the company for financial or product help with the picnic and was turned down. I asked about placing a poster with flyers within the business and was turned down. The place of business is a retail store and the placement of the sign was to be in an employee only section. My question is this am, I placed flyers on my fellow employee's cars and was told by one of the managers that I could not do that as it is a company owned parking lot. Being a reatail store, this is also obviously, where customers park. Can they do this and stop me from my flyers?
Thank you.

 

[Zigner]

What is the name of your state (only U.S. law)? Pennsylvania
I am planning a picnic for my fellow employees at work. I asked the company for financial or product help with the picnic and was turned down. I asked about placing a poster with flyers within the business and was turned down. The place of business is a retail store and the placement of the sign was to be in an employee only section. My question is this am, I placed flyers on my fellow employee's cars and was told by one of the managers that I could not do that as it is a company owned parking lot. Being a reatail store, this is also obviously, where customers park. Can they do this and stop me from my flyers?
Thank you.

Well, you could argue 1st amendment protection (free speech and all)...but you may very well be arguing while standing in line at the unemployment office!

 

[paparada]

Yea with this economy, I'd rather not do that. I am just wondering. Thanks for your reply. Any other help?

 

[cyjeff]

you mean, do the people that pay rent have the authority to enforce the "no solicitation" signs in the parking lot?

Yes, yes they do.

 

[justalayman]

it is private property. The people that drive there are allowed there at the will and whim of the owners of the property. The owners of the property control what takes place in their property.

so, if they say you cannot distribute flyers on their property, it makes no difference if you are putting them on even your car, you are in the wrong.

 

[Zigner]

it is private property. The people that drive there are allowed there at the will and whim of the owners of the property. The owners of the property control what takes place in their property.

so, if they say you cannot distribute flyers on their property, it makes no difference if you are putting them on even your car, you are in the wrong.

It's "Private Property" that is open/accessible to the public. Makes a difference...

 

[justalayman]

It's "Private Property" that is open/accessible to the public. Makes a difference...

in some ways yes, in some ways, no. When it comes to activities allowed on the property, if you are shopping at a store, you are golden. If you are doing anything else, they can prevent you from doing it. You are an invitee for a specific purpose. If you are not actively engaged in that purpose, you are then trespassing and can be removed from the property.

putting flyers on cars is not actively engaged in the activity included under the invitee status.

How do you think a store can tell you no overnight parking in their lot?

. In my area, we used to have cruisers and the folks that parked in roadside lots (of stores). Since they were not shopping at the store, they were trespassers and were ordered to leave or risk arrest.

 

[BOR]

In the posters case he is an employee and must follow rules, but if he were a private entity, some state's constitution's permit the distribution of handbills even on Mall property under thier Free speech clauses. Most don't, see Pruneyard/Robbins, SC, but a few do, if I remember correctly.