PRINTER'S NO. 1730

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1383 Session of 2007


        INTRODUCED BY COHEN, SOLOBAY, BELFANTI, THOMAS, CALTAGIRONE,
           DALEY, EACHUS, FREEMAN, GEORGE, JAMES, LEVDANSKY, MELIO,
           OLIVER, STABACK, SURRA, BLACKWELL, CASORIO, COSTA, CRUZ,
           CURRY, FABRIZIO, GALLOWAY, GERGELY, GIBBONS, GOODMAN,
           GRUCELA, KULA, LEACH, M. O'BRIEN, PARKER, PAYTON, RAMALEY,
           SEIP, WALKO AND J. WHITE, MAY 29, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 29, 2007

                                     AN ACT

     1  Providing for civil demonstrations at large retail
     2     establishments.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Access to large retail establishments.
     6     (a)  General rule.--A person may have access to the
     7  nonbusiness areas of a large retail establishment and of its
     8  subcontractors in order to engage in noncommercial speech with
     9  customers and employees on matters relating to community
    10  affairs, religion, politics, collective bargaining, business
    11  practices, workplace rights or topics of public concern. Such
    12  speech may include distributing literature relating to such
    13  matters and soliciting signatures on forms or petitions
    14  addressed to public officials, government agencies, religious
    15  organizations, business entities, or other community
    16  institutions.

     1     (b)  Reasonable time, place and manner restrictions.--Such
     2  speech shall be conducted in an orderly manner and may be
     3  subject to any time, place and manner restrictions that the
     4  management of the employer chooses to establish so long as such
     5  restrictions do not discriminate based on the subject matter or
     6  content of the speech. Such restrictions include:
     7         (1)  A restriction on the use of bright lights,
     8     loudspeakers, musical instruments, radios, televisions,
     9     amplifiers and similar devices.
    10         (2)  A restriction on littering, including a reasonable
    11     charge, not to exceed $100, for cleanup costs resulting from
    12     the distribution of literature.
    13     (c)  Enforcement.--Law enforcement personnel may not remove
    14  for trespass from the premises of an employer a person or group
    15  engaging in any speech activity in nonbusiness areas. Police may
    16  enforce an injunction issued by a court prohibiting an
    17  individual or group from entering the premises of an employer
    18  for violating time, place and manner restrictions established by
    19  the management pursuant to subsection (b). Police may enforce
    20  any nontrespass-related violations of the law by any individual
    21  or group.
    22     (d)  Definition.--As used in this section, the term "large
    23  retail establishment" shall include, but not be limited to,
    24  retail shopping malls.
    25  Section 2.  Effective date.
    26     This act shall take effect in 60 days.



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