WASHINGTON, D.C. (Jan. 4, 2021) – NFIB filed an amicus brief in the case Cedar Point Nursery v. Hassid at the United States Supreme Court. The case questions whether a California regulation interferes with the “right to exclude,” a fundamental right of property ownership. Currently, California law allows union organizers to enter agricultural businesses during specified hours for a certain number of days each year.
“This California regulation prevents owners from using their private property to its fullest extent,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “Owners are given no authority under current law to be able to say no to union visits and receive no compensation for the intrusion on their property. It is a disrupter to daily business, and we urge the Supreme Court to take action on behalf of California’s small agricultural businesses.”
NFIB filed the brief with the Cato Institute arguing that this regulation is a taking of private property without just compensation, in violation of the 5th Amendment’s Takings Clause. NFIB believes this regulation is unlawful and urges the Court to affirm that unions cannot invade private property without paying compensation for the infringement.
The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.