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Landlord's Rights Trump Free Speech Rights

By Francis G. X. Pileggi, Esq.

 896 ASSOCIATES, LLC v. GILLESPIE, (Del. Ch., April 22, 2008), read opinion here. This opinion would be of interest to landlords who have multiple tenants. The Chancery Court upheld the landlord's right to prevent distribution of pamphlets on the premises. Here is the court's summary:

 This is an action by 896 Associates, LLC (“896
Associates”) d/b/a Chelsea on the Square Apartments
(“Chelsea”) against a tenant, John W. Gillespie, for
distributing pamphlets in violation of Chelsea's
nonsolicitation policy. Gillespie distributed circulars
in the hallways of the apartment complex for the
purposes of establishing a tenants' association and to
inform other tenants of their rights under the
Delaware landlord/tenant code. At a hearing on
Plaintiff's motion for a preliminary injunction,
Gillespie maintained, among other things, that
Chelsea's nonsolicitation policy violated his free
speech rights under the First Amendment of the
United States Constitution and the Delaware
Constitution. The parties agreed Gillespie's
constitutional argument raises a legal issue suitable
for determination by way of a judgment on the
pleadings or summary judgment.

Full post as published by Delaware Corporate and Commercial Litigation Blog on May 15, 2008 (boomark / email).