Taggart v. Weinacker's, Inc.

PETITIONER: Taggart
RESPONDENT: Weinacker's, Inc.
LOCATION: Vale Residence

DOCKET NO.: 74
DECIDED BY: Burger Court (1969-1970)
LOWER COURT:

CITATION: 397 US 223 (1970)
ARGUED: Jan 12, 1970
DECIDED: Mar 09, 1970

Facts of the case

Question

Media for Taggart v. Weinacker's, Inc.

Audio Transcription for Oral Argument - January 12, 1970 in Taggart v. Weinacker's, Inc.

Warren E. Burger:

Number 74, Taggart against Weinacker's Incorporated.

Mr. Dunau, you may proceed whenever you're ready.

Bernard Dunau:

Mr. Chief Justice, may it please the Court.

This case can be put in a nutshell.

Picketing takes place in front of a store to support a strike by that store's employees to obtain a satisfactory collective bargaining agreement.

The picketing is prohibited by a state injunction as a trespass because it takes place on a sidewalk which is publicly used, is privately owned.

We have three questions.

First, does the prohibition violate the First Amendment?

Second, is the controversy outside the jurisdiction of a state court because the subject matter is preempted by the National Labor Relations Board?

Third, if the state court has subject matter jurisdiction, does the prohibition conflict with the federally protected right guaranteed by Section 7 of the Act to engage -- of a National Labor Relations Act, to engage in concerted activity for mutual aid or protection?

William O. Douglas:

It's a pretty large nutshell.

Bernard Dunau:

The situation is in a nutshell, the questions proliferate.

Warren E. Burger:

I suppose what you may have in mind is that it's a nutshell we've looked at before too.

Bernard Dunau:

I think sir our primary position is that this controversy is controlled by this Court's decision in Logan Valley.

Hugo L. Black:

In which one?

Bernard Dunau:

Logan Valley Your Honor, Amalgamated Food Employees v. Logan Valley Plaza.

The store which was picketed is located in Mobile, Alabama.

It sold dry goods, groceries, drugs, other merchandise.

The store building is surrounded by a private sidewalk publicly used.

The sidewalk is surrounded by a parking lot privately owned, but publicly used.

The parking lot is surrounded by public streets.

There are seven automobile entrances into this parking lot.

The distance from the nearest automobile entrance to the picketed area is a 115 feet.

Potter Stewart:

You say this parking lot is privately owned but publicly used.

Bernard Dunau:

Yes sir.

Potter Stewart:

That this is open to all members of the public to park there free?

Bernard Dunau:

That is correct sir.

Potter Stewart:

Park there free?

Bernard Dunau:

I can't say.

The record does not -- those who enter park free, there is no showing that there's any charge for parking on that lot.