Man's Arrest While Trying To Register Voters Outside Target Sets Off Legality Debate

SANTA CLARA COUNTY, CA – The arrest of a man looking for people to help with voter registration outside of a Target store in East San Jose earlier this week has led police to take a second look at their policies and heightened efforts to make sure people cast their vote in November.

Salvador "Chava" Bustamante, 64, spoke out about his arrest for alleged misdemeanor trespassing near the store during a news conference at the shopping center Thursday morning.

"My arrest is clearly an attack on the fundamental rights of our people to be integrated 100 percent in our democracy," Bustamante said.

About 50 people from the Latino Vote Alliance of Silicon Valley stood behind Bustamante and cheered "Si se puede," a Spanish phrase that translates to "Yes we can."

Bustamante, executive director of the nonprofit Latinos United for a New America, was arrested Monday afternoon outside the business at 1750 Story Road after many customers complained of a man who was gathering signatures and refused to leave the area, police said.

Store security workers told arriving officers that many customers have reported about "aggressive" people seeking signatures over the past few months, police said.

Bustamante told officers that he and another volunteer were allowed to conduct voter registration outside the business under a 1980 U.S. Supreme Court decision in the Pruneyard Shopping Center v. Robins case,
originating in Campbell, that doesn't allow people to pass leaflets or picket on private property.

Bustamante said voter registration wasn't incorporated in the decision and argued they were conducting business on public property.

Police continued to ask Bustamante to leave and when he refused, he was arrested. He was booked into jail and stayed in custody for five hours before getting released, he said.

"I'm not complaining about me spending time in jail. That was a conscious decision that I made," Bustamante said.

"I see this as a very small sacrifice compared to the sacrifices people have to make everyday," he said.

Police Chief Eddie Garcia said he is defending the actions of his officers, but also supports working with the community to find different solutions.

"We will strive as we have for a very long time to work with our community and work with our corporations in order for people to have a voice," Garcia said.

Registering voters isn't allowed at store entrances, sidewalks and parking lots under a 2012 California Supreme Court decision that defines public forums, Garcia said.

The Police Department and City Attorney's Office interpreted the 2012 decision into the police duty manual under a section on expressive conduct at shopping centers and malls.

The department plans to take another look at their policies and procedures to see if there are certain steps that can be added in compliance with the law before resorting to a citation or arrest, the chief said.

City Councilwoman Magdalena Carrasco encouraged the group to utilize all of their resources with 54 days left until Election Day.

"People throughout the world have died for the right to vote, to stay engaged in the political process," said Carrasco, whose district encompasses East San Jose and has a high Latino population.

City Councilman Ash Kalra also echoed the alliance's calls for voter registration by using the energy around Bustamante's arrest to make sure people not only register to vote, but head to the polls.

Bustamante's action was a form of civil disobedience in the spirit of notable civil rights leaders such as Dolores Huerta and Cesar Chavez, Kalra said.

After the news conference, a store employee gave a one-page letter to a Latino Vote Alliance member highlighting the store's policy and state law on solicitation.

"It is held that a Target store is not a public forum and that there are no 'freedom of speech' rights on the sidewalk or in front of any entrance of any Target store in California," the letter said.

"Target is committed to providing a distraction-free shopping environment for our guests. We do not permit solicitation or petitioning at our stores regardless of the cause or issue being represented," the
Minneapolis, MN-based company said in a statement responding to Bustamante's arrest.

"As soon as we were made aware that solicitation was taking place, we respectfully requested that this individual leave the property. When he refused, we contacted local law enforcement," the statement said.

"To be clear, this was not about the cause he represented. We are active and strong believers in the importance of civic engagement," the statement said.

• Also see: Nonprofit's Voter-Solicitation Drive Confusing Registered Voters In Bay Area

--Bay City News/Photo courtesy of LUNA - Latinos United for a New America on Facebook