Two local men blocked from soliciting at Walmart stores

A Yuba County judge on Tuesday issued a temporary restraining order keeping two men from registering voters and collecting signatures for ballot initiatives at California Walmart stores.

In a lawsuit filed Friday, Wal-Mart Stores Inc. requested the order against Edward James Jefferson of Yuba City and Cliff Hoffman of Marysville, saying the men threatened business by badgering customers and employees. In interviews, both men denied the allegations.

Wal-Mart attorney Matthew P. Kanny of Sacramento did not comment on whether the order will apply to organizations that Jefferson and Hoffman work for as independent contractors. He referred questions to Wal-Mart headquarters.

Company spokeswoman Michelle Bradford said Tuesday she was "not privy" to the contents of the judge's oral order. But the focus of the lawsuit was Jefferson and Hoffman, not the other, unnamed defendants in the lawsuit, she said.

Jefferson and Hoffman said they work for several petition organizations.

The order will remain in effect until Dec. 18, when Judge Debra Givens is expected to consider a temporary injunction against the defendants.

Givens cited declarations from Walmart employees claiming Jefferson and Hoffman followed customers into parking lots and confronted members of charitable organizations, including the Salvation Army and the Lions Club, that make public appeals near store entrances.

Wal-Mart claimed the men did not follow rules on where and when to set up petition tables, then refused to leave stores.

In August 2008, Jefferson was arrested for similar activity at a Yuba City farmers market after he refused to pay $25 for booth space. A Sutter County judge sentenced him to 30 days in jail.

Hoffman said he was arrested on a misdemeanor trespassing charge Nov. 8 at the Yuba City Walmart.

The two men collected signatures at Walmarts in Yuba County, Yuba City, Sacramento, Oroville and Vacaville.

Givens said her order applies to all California Walmart stores, including parking lots.

Kanny said Wal-Mart is concerned for the safety of its customers, especially during the holiday shopping season. Tables placed too near the exit would be a hazard if a store had to be evacuated, he said.

"They can solicit in myriad public places," Kanny said.

Defense attorney James J. Lynch Jr. responded that Jefferson and Hoffman find petition signers and unregistered voters at Walmart who "may not be in other locales."

"This is a restraint on ex pressive activity," Lynch told the judge.

According to the lawsuit, Wal-Mart policy allows solicitation of donations and collection of signatures.

"Specifically, Wal-Mart's policy designates areas of solicitation, limits the number of days a single organization and/or individual may solicit, requires prior registration by the organization, requires approval of signs and literature, requires prior identification of the solicitation participants, and prohibits interference with Wal-Mart's customers," the lawsuit said.

Managers at stores where Jefferson and Hoffman solicited told them they were violating policies and asked them to comply or leave, the document said.

"Defendants have consistently refused to leave the stores," it said.

"We do offer a place for (solicitation), but we ask everyone to follow our rules," said Wal-Mart spokeswoman Bradford.