Glovsky v. Roche Bros. Supermarkets, Inc.
Annotate this CaseSteven Glovsky sought to solicit signatures for his nomination to the second district seat on the Governor’s Council on the sidewalk immediately outside the entrance to a supermarket owned by Roche Bros. Supermarkets, Inc. Despite believing he had a right under article 9 of the Massachusetts Declaration of Rights to solicit signatures on the property, Glovsky left the property after a store manager informed him Roche Bros. prohibited this activity. Glovsky filed suit, requesting relief under the Massachusetts Civil Rights Act for a violation of his rights “by threats, intimidation or coercion.” The superior court dismissed the case for failure to state a claim. The Supreme Judicial Court vacated and set aside the portion of the judgment dismissing Glovsky’s request for declaratory relief under article 9 and affirmed the remainder of the judgment, holding (1) Glovsky adequately alleged a right to solicit nominating signatures outside the supermarket, but (2) Roche Bros. did not violate this right by threats, intimidation or coercion. Remanded for entry of a judgment dismissing the request for declaratory relief as moot.
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