Dan Hamburg, one of the plaintiffs, said Wal-Mart's policy is unreasonably restrictive, and he hopes the lawsuit will bring about changes to the policy. Wal-Mart spokesman Bill Wertz cited court rulings that say large private businesses cannot automatically be equated as a public forum, and so have a greater power to regulate activities on their premises. Wertz said the Ukiah store is not a shopping center. We would be within our rights to prohibit anyone coming on our private properties. Wal-Mart's rules on petitioning and solicitation say people have to obtain prior approval from the store's management, which can then review the signs and literature for the proposed activities before making a decision.
People also have to carry proper identification and stay within a designated area.
The suit also named Donald Estes, former manager of the Ukiah Wal-Mart, as a defendant. Estes, who is now a Wal-Mart manager in Turlock, declined to comment Friday, saying he hadn't seen the suit. The suit seeks unspecified damages. Wal-Mart employees were directed by their senior managment to go outside and chase off a group of elderly men. When they refused to leave, the employees pushed and intimidated the veterns until they had no other choice but to leave.