Preliminary Injunction Preventing a Religious Organization from Soliciting Donations
In Bank of Stockton v. Church of Soldiers, 44 Cal. App. 4th 1623, the Court was called upon to decide whether the trial court abused its discretion in granting a preliminary injunction preventing a religious organization from soliciting donations from bank customers on bank-owned property. ( Id. at p. 1625.)
The Court upheld the preliminary injunction on the ground that the bank was not the equivalent of a public forum because it was a modest retail establishment that did not provide a place for the general public to congregate and take advantage of various amenities, and the religious organization's soliciting was unrelated to the bank's activities. ( Id. at pp. 1629-1631.)
In reaching this conclusion, the Court stated that Pruneyard had "resurrected" In re Lane and "converted it into state, rather than federal, law precedent." (Bank of Stockton, supra, 44 Cal. App. 4th at p. 1629.)
Then, the Court asserted:
"Whatever 'modest retail establishment' means, it does not include a large shopping center.