Democrats Sue; Claim Mall Curbs Registration

The Democratic Party of the San Fernando Valley sued the Northridge Fashion Center on Friday, claiming that burdensome restrictions at the mall make it impossible to register voters there for the November election.

The suit contends that the shopping center’s rules violate state and federal law and seeks $200,000 in punitive damages. It was filed in Los Angeles Superior Court. Judge Jack M. Newman scheduled an Aug. 6 hearing to consider the group’s request for a preliminary injunction to prevent the fashion mall from imposing the restrictions on any organization until the case is tried.

The restrictions require groups that want to approach shoppers in the mall to have $1 million in liability insurance and to pay a security deposit of $100, according to a copy of the mall’s permit application, included as evidence in the suit.

Of all the restrictions, the insurance requirement is “the most outrageous, if not chilling,” said Jay J. Plotkin, attorney for the Democratic group, because it limits free speech at the mall to those who can come up with the money. He estimated in a telephone interview that the cost of a policy such as the one the mall requires could be as much as $2,500.

Donald Z. Lieberman, operations director for the mall and a defendant in the suit, said the rules are intended to protect the shopping center and its customers while allowing organizations to solicit support from shoppers.

“Nobody’s ever been denied from complete access,” Lieberman said. “We’ve had to turn down people because we’ve had other events going.”

The requirement for an insurance policy is reasonable, Lieberman said, to protect the mall in case someone is injured because of the indirect actions of an outside group. For example, if a piece of paper fell off a table and a mall customer slipped on it and got hurt, then the group should be responsible for that, Lieberman said.

Deposit Refunded

The mall also refunds the security deposit if the group causes no damages, he said.

According to the suit and an accompanying court declaration by Sol H. Garber of Van Nuys, a member of the Valley Democratic group, the group also objects to other restrictions, including:

Requiring the organization to apply for permission five days in advance of the registration drive and to submit an application with three references, including one from another shopping center.

Requiring the group to clear all written materials with mall management before distributing them to shoppers.

Limiting the number of people who can register voters in the walkways and common areas to two, and prohibiting the people from soliciting customers except from behind a table “or other facility approved by management.”

Prohibiting workers from asking shoppers for donations.

Requiring the organization to list any affiliated or sponsoring groups.

“Some of these rules make effective voter registration gathering essentially impossible,” Garber said in his court declaration. “Other rules make it more difficult to obtain a permit to visit the Northridge Center and do not serve any legitimate purpose of the shopping mall.”

Lieberman, however, said that, although the mall must allow free speech, “The private entity does have a right to certain restrictions.

“I don’t think we’re going too far or anywhere out of bounds with it,” he said. “We’re only asking the same thing that we ask of our tenants that have stores in the mall.”

Lieberman said the center, in the about 3 1/2 years since the restrictions have been in effect, has not had complaints from others seeking permission to solicit there.

Asked to name some of those other groups, he mentioned Republican Party affiliates.

Two local GOP groups contacted Friday said they had used other malls, including Topanga Plaza, but did not know of Republicans doing voter-registration work at Northridge. They were not familiar with the Democrats’ complaints.