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Several people handing out leaflets from the group Jews for Divestment were forced to leave the Berkeley Bowl parking lot yesterday as they tried to organize a boycott against Israeli matzoh.  

Berkeley Police were called and the group left without incident, but Sgt. Robert Baum later said people have the right to hand out leaflets on private parking lot property. 

At noon, the manager asked the protestors to move onto the public sidewalks, claiming that they have no right to leaflet on the market’s private property. He told them they were welcome to leaflet on the public sidewalks, but not on the private parking lot or at the entrance to the Berkeley Bowl itself.  

Because of the way the Berkeley bowl parking lot and entrance are situated, there is not much traffic along the sidewalks and people handing out leaflets disregarded that option as an effective means of getting out that message. 

Baum arrived to enforce the request. The group left, not wanting to risk violating the law or antagonizing the manager of the Berkeley Bowl. 

“Our point isn’t confrontation with the stores. Our point is to get the information out,” said Cindy Shamban.  

At the time, Baum believed that the law indicated that private businesses, “have a right to decide who can stand on their property.” 

After reviewing the law, Baum discovered that according to free speech rights, people can leaflet on private parking lots. He called and informed both the manager and the Daily Planet. 

“Apparently I was incorrect. The law is, as far as I can determine, that it’s a matter of free speech and people have the right to distribute handbills on private business parking lot areas,” he said. “As long as the people are not impeding the ingress or egress of the customers or doing any other activity which could be determined disruptive it is legal for them to be there.” 

Between five and 10 people handed out leaflets. When there seemed to be too many earlier in the morning, a group relocated to the Safeway at Claremont and College avenues to decrease the density of the group, said Shamban. 

The group stood well away from the doors, passed out flyers to passing customers and discussed the boycott. Shamban said that she often finds people handing out leaflets in front of the popular Berkeley Bowl grocery store, known for its high quality produce.  

The manager, Sam Zarnegar, refused to explain his decision in asking the leafletters to leave the Berkeley Bowl parking lot, simply stating that he “believed” there was a policy to require people in front of the Berkeley Bowl to contact management ahead of time.  

Shortly after the protesters left, at approximately 1 p.m., a man registering people to vote set up in front of the doors of the Berkeley Bowl. He said that he had never contacted the management ahead of time to use the parking lot space. In fact, he said he was quite pleased to find the area empty today, and to have the whole area to himself.