On Oct. 14, the state Superior Court released its decision in Liberty Place Retail Associates v. Israelite School of Universal Practical Knowledge, (2014 PA Super 233, No. 2557 EDA 2013), and upheld the denial of a request for a permanent injunction, by a Philadelphia Court of Common Pleas judge, to prohibit the weekly demonstrations held by the Israelite School of Universal Practical Knowledge (ISUPK). The demonstrations take place on a public sidewalk, directly abutting one of the five entrances to the Shops at Liberty Place, owned by the Liberty Place Retail Associates L.P. Both the Common Pleas and Superior courts found that neither a trespass nor private nuisance was proven.
The trial court found that the ISUPK demonstrations were protected by the First Amendment and that Liberty Place Retail Associates failed to show that the demonstrations are either a private nuisance or a trespass. Liberty Place raised all three findings as errors of law for Superior Court review. The content of ISUPK’s speech was discussed but the Superior Court did not address the trial court’s finding holding that the First Amendment provides a defense to the Shops’ claims. The Superior Court cited the preference to dispose of cases on non-constitutional grounds.
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