Concurring and Dissenting. — I concur with the majority opinion in respect to the temporary restraining order pertaining to plaintiff Plaza’s rules and regulations specifically concerning the holiday ban.
I also concur with the majority opinion’s treatment of the issues relating to plaintiff Plaza’s cross-appeal in respect to rules 11 and 12 of Plaza’s “Rules for Political Petitioning on Shopping Center Property” (appen. A) which were attached to its complaint.
However, I respectfully disagree with the majority opinion’s general treatment of the remaining paragraphs contained in Plaza’s rules and the application procedure. This disagreement stems from what I perceive to be the applicable standard of review, language in Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [153 Cal.Rptr. 854, 592 P.2d 341], and the belief that generally we should decide each issue on the narrowest possible grounds on a case-by-case basis.
The standard of review with regard to the trial court’s grant of a preliminary injunction is well-established. The decision to grant a preliminary injunction “rests in the sound discretion of the trial court. ...” A trial court will be found to have abused its discretion only when it has “exceeded the bounds of reason or contravened the uncontradicted evidence.” (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 527 [67 Cal.Rptr. 761, 439 P.2d 889]; see also City of Torrance v. Transitional Living Centers for Los Angeles, Inc. (1982) 30 Cal.3d 516, 519 [179 Cal.Rptr. 907, 638 P.2d 1304].) The burden rests with the party challenging the injunction to make a clear showing of an abuse of discretion. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69 [196 Cal.Rptr. 715, 672 P.2d 121].)
With regard to the First Amendment rights involved in this appeal, however, the majority fails to apply the proper standard of review. The *1223problem arises partly from the unusual nature of the constitutional right established in Robins v. Pruneyard Shopping Center, supra, 23 Cal.3d 899 (opn. by Newman, J., with Bird, C. J., Tobriner and Mosk, JJ., cone. Separate dis. opn. by Richardson, J., with Clark and Manuel, JJ., cone.).1 Pruneyard holds that the California Constitution guarantees First Amendment rights exceeding those guaranteed by the United States Constitution. The United States Supreme Court, in Pruneyard Shopping Center v. Robins (1980) 447 U.S. 74 [64 L.Ed.2d 741, 100 S.Ct.2035], affirmed the California Supreme Court’s holding, expressly declining to “limit the authority of the State to exercise its police power or its sovereign right to adopt in its own Constitution individual liberties more expansive than those conferred by the Federal Constitution.” (Id., at p. 81 [64 L.Ed.2d at p. 752].) So long as a state respects the federal constitutional minimum, it may define the maximum scope of constitutional rights. To echo the phrase of California Supreme Court Justice Stanley Mosk, so long as it rests its foundation on the federal floor, California may construct its own constitutional ceiling. (Mosk, Beyond the Constitution (Aug. 1987) 7 Cal.Law. 100.)
Since these enlarged First Amendment rights are creatures of state constitutional law, we must look to state law for the appropriate standard of reviewing private regulations of these state-created rights. The California Supreme Court in Pruneyard, however, has not expressly specified the standard for reviewing these regulations, except to say that they must be “reasonable.” To clarify what this “reasonable” standard of review means vis-ávis private regulation of public access to private property, it is helpful to recall the method by which federal courts analyze government limitations on public access to various sorts of public property.
Federal First Amendment cases link the standard of review to the type of property used by those seeking to exercise their rights of expression. “The *1224existence of a right of access to public property and the standard by which limitations upon such a right must be evaluated differ depending on the character of the property at issue.” (Perry Education Assn. v. Perry Local Educators’ Assn. (1983) 460 U.S. 37, 44 [74 L Ed 2d 794, 804, 103 S.Ct. 948].) The federal standard of review changes according to the position a particular type of public property occupies along a “spectrum” of various places in which First Amendment activity occurs. (Id., at p. 45 [74 L.Ed.2d at p. 805].) There are three such categories.
First, in traditional, “quintessential public forums,” such as streets and parks, the government may not prohibit all communicative activity. To enforce a content-based prohibition, the State must show it is necessary to serve a compelling state interest and is narrowly drawn to achieve that end. The State may enforce time, place, and manner of expression regulations which are content-neutral, narrowly tailored to serve a significant government interest, and leave ample alternative channels of communication open. (Id., at p. 45 [74 L.Ed.2d at p. 804].) The standards governing a second category, a designated public forum — public property which the State has opened to the public for expressive activity — are identical to those governing a traditional public forum, as long as the State retains the facility’s open, public character. (Id., at pp. 45-46 [74 L.Ed.2d at pp. 804-805].)
A different standard, however, governs a third category: public property “not by tradition or designation a forum for public communication.” (Id., at 46.) “In addition to time, place, and manner regulations, the State may reserve the forum for its intended purposes, communicative or otherwise, as long as the regulation on speech is reasonable and not an effort to suppress expression merely because public officials oppose the speaker’s view.” (Id., at p. 46 [74 L.Ed.2d at p. 805].)
Perry leads to the conclusion that the further a particular parcel of property lies from a “traditional public forum,” the lower the standard of review. For two reasons, a Pruneyard-type forum falls into none of the three Perry categories. First, it is privately owned. Second, the limitations on the public’s access to the property originate not from any governmental or other public entity, but from the private owner. Thus, while “[f]ederal principles are relevant” in determining the standard of review to be accorded property in this fourth category, so long as federal rights are protected, federal standards of review are not conclusive. (Robins v. Pruneyard Shopping Center, supra, 23 Cal.3d 899, 909.) The standard of review for this “broader zone” of First Amendment expression, guaranteed by the Califor*1225nia Constitution (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1041 [232 Cal.Rptr. 542, 728 P.2d 1177]), is lower than the federal standards of review, and a matter for articulation by the California courts.
Pruneyard states that the California Constitution “protects] speech and petitioning, reasonably exercised, in shopping centers even when the centers are privately owned.” (Robins v. Pruneyard Shopping Center, supra, 23 Cal.3d 899, 910; italics added.) The opinion noted that property owners, like the government, may regulate expressive activity as to time, place, and manner, “under reasonable regulations adopted by [the property owner] to assure that these activities do not interfere with normal business operations.” (Id., at pp. 909-911; italics added.)
We are not dealing here with an ordinance or a statute but “rules” obviously prepared, in good faith, with Pruneyard in mind, by property owners who operate a mall for commercial purposes.
The superior court in its “Statement of Decision” (appen. B) also specifically noted that it considered Pruneyard. Moreover, its rulings as to each paragraph in the “rules” as applied only to the litigants herein were an effort to reach a reasonable accommodation of the rights of all parties. The trial court necessarily could not make a ruling that would be dispositive of proposed activities of persons and organizations not before the court.
After reviewing the record, Plaza’s “Rules” (appen. A), and the “Statement of Decision” (appen. B) underpinning the preliminary injunction, except for Plaza’s “Rules” 11 and 12, I cannot say that the superior court “exceeded the bounds of reason or contravened the uncontradicted evidence.”
The majority’s heightened scrutiny and detailed, rule-by-rule analysis is based on federal constitutional principles. The type of forum involved in the case at bench, and the California Pruneyard “reasonableness” and the Katz “abuse of discretion” standards of review, in my opinion, make the majority’s detailed analysis unnecessary. The majority opinion attempts to clarify the legal requirements applicable to regulations of First Amendment access to a Pruneyard-type forum. The purpose of the majority’s treatment is directed at “foreshortening the prospects of increased litigation” but in effect amounts to a rewriting of Plaza’s rules. While this purpose may be laudable, in my view, it has the flavor of another incremental unwarranted whittling away of private property rights and the management of said pri*1226vate property. Moreover, because of a myriad of unforeseen circumstances such a detailed treatment for prospective purposes may increase the likelihood of future litigation, rather than reduce it. In my view it is preferable to follow the traditional procedure of deciding the issues raised in the case before us on the narrowest possible ground, and to decide any future litigation involving a Pruneyard-type forum on a case-by-case basis.
I would affirm the order granting a temporary restraining order. I would also affirm the superior court’s order granting a preliminary injunction, except to that portion of the order pertaining to paragraphs 11 and 12 of plaintiff Plaza’s “Rules for Political Petitioning on Shopping Center Property,” which I would reverse. I would order each of the parties to bear their own costs.
A petition for a rehearing was denied August 26, 1987. Hanson (Thaxton), J., was of the opinion that the petition should be granted. The petition of the plaintiffs and appellants for review by the Supreme Court was denied October 29, 1987.
Appendix A
Rules for Political Petitioning on Shopping Center Property
“The rules are promulgated by the management of_The Plaza Pasadena shopping center (center) for the purpose of reasonably regulating as to time, place and manner the activities of all individuals, groups and organizations (hereinafter referred to as petitioners) engaged in “political petitioning” on said center’s property. “Political petitioning” is defined as any conduct by which an individual obtains signatures for any petition directed to any governmental or political body. These Rules shall not be deemed of construed to permit any activity other than political petitioning, and the owners of the center reserve the right to prohibit any activity other than that specifically described in these Rules and sanctioned by law.
“1. Prior to engaging in political petitioning, a petitioner must notify the center management office and provide it with the name, address and signature of a responsible adult who, by said signature, expressly accepts full liability for damage, costs or expenses resulting from the proposed activity. Said liability shall include, but is not limited to, maintenance costs for cleaning up litter and expenses resulting from damage to persons or property or both.
*1227“2. If leaflets or other material are to be handed out on the center property, the petitioner must post a $50.00 security deposit to cover the cost of cleaning up litter which results from such activity. The deposit, less any expense incurred by center for cleaning up litter, shall be refunded approximately two weeks after said activity has ended.
“3. All petitioners engaged in political petitioning shall use only that portion of the center property expressly designated for that purpose by the center management office.
“4. The number of petitioners who may engage in political petitioning on the center property at a particular time shall be determined by the center management office. This determination shall be based on the following factors: (1) The area available for such activities; (2) the number of petitioners who wish to engage in such activity at one particular time; (3) the potential for conflict between petitioners or between petitioners and members of the public; and (4) the safety of the public and center property.
“5. The time during which political petitioning by a particular petitioner may take place shall be determined by the center management office. This determination shall be based on the factors specified in Rule 4.
“6. Only that furniture (i.e. table, chairs and benches) approved by the center management office shall be used on the center property for political petitioning. Said furniture shall be located as prescribed by the center management office.
“7. Posters, plaquards [s/c] and displays as well as their location and method of display shall be subject to the approval of the center management office. In no event shall such materials be affixed to any portion of the center property.
“8. Petitioners shall make no express or implied representation to any person within the center or on center property that the owner or the manager of the center sponsors or supports any view, belief, or request contained in any petition, statement or literature being disseminated or exhibited on center property.
“9. No lights, loudspeakers or other electrical or mechanical equipment, device or appliance shall be used for any purpose by petitioners at the center.
“10. No petitioner shall use, operate or permit to be played any musical instrument or other device for the production or reproduction of sound in such a manner as to cause any sound or noise which, in the reasonable belief of the center management office, may be disturbing or offensive.
“11. Petitioners shall not solicit contributions or donations from anyone on center property nor shall they engage in the sale of any items or any services on said property.
“12. Petitioners shall not impede or interfere with the business of any center tenants, employees or personnel, or shall they approach, detain or in any way impede or interfere with the smooth flow and free passage of center patrons, customers or personnel through the access ways of the center.
“13. If in the good faith judgment of the center management office the nature of the proposed political petitioning activity creates a risk of injury or damage to person or property, and that such a risk warrants special insurance protection, then the petitioner planning to engage in such activity must purchase and carry the necessary insurance coverage. Said insurance policy shall name as additional insureds Hahn Property Management Corporation, the center owner and the center Merchants’ Association and petitioner shall provide the center manager prior to commencement of political petitioning with a valid certificate of insurance evidencing the same.
“14. Any petitioners engaging in political petitioning shall conduct themselves with proper decorum and must refrain from any loud or raucous activity which will annoy or offend the public or any tenants at the center. Any petitioner engaging in political petitioning who defaces or otherwise abuses center property or persons on center property shall be subject to immediate removal and legal action.
*1228Appendix B
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I. Motion by Plaintiff for Preliminary Injunction.
A. In granting or denying any relief on this Motion, the Court shall at this preliminary injunction stage rule only on the rights of the named parties and not on the rights generally of the public or of groups not expressly made parties herein.
Additionally, as to defendant/cross-complainant Citizens for Representative Government, the claim for relief relating to the period from Thanksgiving through Christmas, 1985 is now moot and the Court shall not rule upon this issue. If this case has not gone to trial in November, 1986 and defendants/cross-complainants propose to engage in political activity during *1229the Thanksgiving-Christmas period at plaintiffs’ premises, they may apply to the Court for appropriate relief.
B. The Court has reviewed and considered the “Rules for Political Petitioning on Shopping Center Property,” (Exh. A, Complaint) as they apply to the proposed activity of defendant/cross-complainant Citizens for Representative Government and its officers, members and agents Dale L. Gronemeier, Ozro Anderson and Chris Sutton.
As so applied, the Court makes the following rulings as to each of the provisions of said “Rules” as applied to the defendants/cross-complainants only.
Opening paragraph (unnumbered); The definition of “political petitioning” is unreasonable to the extent it does not include distribution of written materials or solicitation of funds.
Paragraph 1: This provision is reasonable. Defendants/cross-complainants do not claim they are minors.
Paragraph 2: This provision is reasonable.
Paragraph 3: This provision is reasonable.
Paragraph 4: This provision is reasonable on its face. Whether it would be unreasonably applied would depend on the circumstances of the particular case. Defendants/cross-complainants have not shown that it would be unreasonably applied on any application filed by them for future activity.
Paragraph 5: This provision is reasonable on its face and the Court makes the same ruling as in paragraph 4 above.
Paragraph 6: This provision is reasonable.
Paragraph 7: This provision is reasonable as to the size, number, and location of posters, plaquards [s/c] and displays. It is unreasonable as to approval of the content thereof to the extent the content falls within the definition of “political petitioning”.
Paragraph 8: This provision is reasonable.
Paragraph 9: This provision is reasonable.
Paragraph 10: This provision is reasonable.
Paragraph 11: This provision is unreasonable to the extent it prevents defendants/cross-complainants from soliciting contributions to support the political causes they advocate. Otherwise, the provision is reasonable.
Paragraph 12: This provision is unreasonable to the extent it does not permit the “approach” of patrons by defendants/cross-complainants within a reasonably described radius of the location where the table is situated. Otherwise, the provision is reasonable.
Paragraph 13: This provision is reasonable on its face so long as the requirement of issuance is based upon articúlate [s/c] facts and not mere conjecture or speculation.
Paragraph 14: This provision is reasonable on its face. The term “loud and raucous activity” is not impermissibly vague.
C. Ruling as to “Registration Form.”
The Court has reviewed this form. (Exh. A, Cross-complaint.) On its face, the Court finds it is reasonable. Requiring the names of persons making the application and the names of persons in charge of the activity is reasonable. Requiring the submission of a copy of the petition is a reasonable means of determining that the proposed activity involves “political petitioning” rather than other activity, e.g., commercial promotion or solicitation.
D. The Court grants plaintiffs’ Motion for Preliminary Injunction restraining and enjoining defendant Citizens for Representative Government, an unincorporated association, it officers, members, employees and agents and the individual defendants Dale L. Gonemeier, Ozro Anderson and Chris Sutton, their agents, servants, and all persons acting in concert with any or all of the foregoing defendants from:
1. engaging in any political activity on the premises of Plaza Pasadena, Pasadena, California, including but not limited to parking areas physically connected therewith until said defendants have caused to be submitted to plaintiff an application or registration and have received approval by plaintiff for such activity;
2. violating or failing to comply with the rules and regulations adopted by plaintiffs except that such rules and regulations may not:
*1230(a) regulate the political content of any sign, poster or display except as to the size of the sign, poster or display.
(b) prohibit solicitation of political contributions at the location designated for the political activity, provided, however, plaintiff may prescribe a reasonable radius surrounding the table beyond which defendants may not approach persons for contributions.
(c) prohibit defendants from approaching persons within a reasonable radius of the table where the political activity is permitted so long as defendants do not physically impede such person.
E. The preliminary injunction is conditioned upon plaintiff filing a $10,000 bond.
F. The Court reserves jurisdiction to modify or dissolve the preliminary injunction for good cause shown.
II. Comment of the Court
A. The Court disagrees with the position of defendants/cross-complainants to the extent that they contend their right of political expression on the premises of a private shopping mall is subject to no less restraint than that on a public sidewalk or public premises. The Court is guided principally by the criteria in Robins v. Pruneyard Shopping Center 23 Cal 3d 899, 910, 911 which requires a shopping mall, such as here, to permit “a handful of additional orderly persons soliciting signatures and distributing handbills in connection therewith, under reasonable regulations adapted... to assure that these activities do not interfere with normal business operations. . .”
B. In its rulings above, the Court has attempted to reach a reasonable accommodation of the rights of all parties. At the same time, the Court recognizes that it cannot make a ruling that would be dispositive of proposed activities of persons and organizations not before the Court. Accordingly the rulings herein apply only to the parties before the Court.
IV. The restraining order issued herein on December 23, 1985 is continued in effect until January 17, 1986, 4:00 p.m. to allow plaintiffs to submit preliminary injunction.
Dated: Jan. 13, 1986
/s/ Warren H. Deering
Warren H. Deering
Judge of the Superior Court
It should also be noted that the facts in the instant case diverge somewhat from those in Pruneyard. First, in Pruneyard, the shopping center management informed the petitioners that they would have to leave the premises entirely because they did not have permission to solicit, suggesting that they continue their activities on the public sidewalk at the center’s perimeter. In the case at bench, there was no blanket prohibition of First Amendment expressive activity; instead, the management permitted this activity, subject to time, place, and manner regulations. Second, the Pruneyard opinion, by citing statistics concerning the growth of suburban communities and the economic and social importance of suburban shopping centers, implied that barring First Amendment expression in such shopping centers would leave the public without an alternative forum in which to engage in — or to hear — First Amendment expression. Here, by contrast, we note that the shopping center lies at the very center of the downtown shopping, business, and government activity of a large city, which is itself a regional commercial, governmental, and cultural center. The area contains innumerable and well-traveled streets, parks, and other traditional public forums available for First Amendment expression in a way that the suburban shopping center in Pruneyard evidently did not.