The California Supreme Court ruled earlier this week that a person does not have a constitutional right to patronize a store.
In 2012, defendant Jeffrey Michael Moran shoplifted merchandise from a Home Depot in San Jose, Calif. He was "convicted of second-degree burglary," Jacob Gershman writes on the Wall Street Journal's Law Blog. "A probation condition to which he didn’t object barred him from 'the premises, parking lot adjacent or any store of Home Depot in the State of California,'" Gershman continues.
California's lower appellate court found the ban unconstitutional, by saying that, given the terms of the ban, Moran would have to avoid other stores not associated with his crime. The California Supreme Court, however, did not agree with the lower appellate court. Excerpting a segment from Justice Kathryn Werdegar's opinion, Gerhman writes:
Although defendant argues he is prohibited “from entering large areas of the state” and from “shopping or working in any store that shares a parking lot with a Home Depot,” that surely is an exaggeration. He remains free to drive on any public freeway, street or road, use public transportation, work (except in Home Depot stores), shop, visit the doctor’s office, attend school, enjoy parks, libraries, museums, restaurants, bars, clubs, and movie theaters. He may—without violating the challenged condition—freely move about his community, the city, and the State of California….
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