Judge Hears Arguments In Case Brought By Target Corp. Against Same Sex Advocates Canvass For A Cause; Says He Will Issue Written Decision By End Of Next Week

The Canadian Press reports that a judge said Friday he would issue a ruling next week in a lawsuit filed by Target Corp. against a San Diego pro-same sex marriage group to make it stop canvassing outside the retailer's California stores. The Minnesota-based corporation is seeking an injunction barring the activists from every outlet in the state, alleging they harass customers by cornering them near store entrances to discuss same sex marriage, solicit donations and collect signatures on petitions for their cause. Rights advocates say the legal battle between Target and Canvass For A Cause could further strain the retailer's relations with the gay and lesbian community. Target previously made a $150,000 donation to a political action committee that in turn supported a Minnesota Republican candidate opposed to same sex marriage. Target insists it remains committed to the lesbian, gay, bisexual and transgender community, and that the lawsuit has nothing to do with the political agenda of Canvass For A Cause. Friday in a San Diego courtroom, Target attorney David McDowell told Judge Jeffrey Barton the case is about Target's right to enforce its rules on its grounds, saying "The question is Target's property right and its right to exclude." Barton had asked McDowell why the company did not present testimony from customers complaining about the activists, and McDowell answered that Target could get such testimony but did not think that was necessary since it is not the central issue. Bryan W. Pease, an attorney for Canvass For A Cause, argued that areas and sidewalks outside stores such as Target have been considered by courts to be public domain for free speech, and he emphasized that Target is taking action because it does not agree with the group's message about same sex marriage. McDowell noted that the company has taken similar action against a number of organizations representing a variety of causes. Solicitors at stores have ranged from religious groups to charitable organizations."Whoever causes the most problems gets the attention," McDowell told The Associated Press after the hearing when asked if all those groups have been subjected to legal action. The corporation says at least eight Target stores in the San Diego area have received more than a dozen complaints daily since canvassers started working the locations in October, 2010. The activists have refused to leave when asked politely and shown the company's policy prohibiting "expressive activity" on its property, target said. Canvass For A Cause director Tres Watson says Target wants to silence the 12,000-member group because it promotes same sex marriage. "It's very David vs. Goliath," he said. "We understand they're the Goliath in the room. They've got all money in world to get us to stop talking about gay marriage."Volunteers are trained daily on being professional and polite, Watson said, and their aim is to educate the public about the rights of gays and lesbians. Rachel Scoma, another attorney defending the San Diego group, said Target has won preliminary injunctions against about 100 other organizations rather than go to trial to get permanent injunctions, adding that the preliminary injunctions have kept solicitors away for good because many of the groups have a limited (or non-existent) budget and gave up the fight. Scoma said volunteer lawyers for Canvass For A Cause will appeal if they lose this legal round and are prepared to go to trial if necessary. Barton said he would issue a written ruling by the end of next week.