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Center owners win judgment in New Mexico access case
The U.S. District Court of New Mexico, Albuquerque, has awarded summary judgment to three shopping center owners in a lawsuit filed by a local community organization that argued the presence of governmental agencies and public bus stops at shopping centers made the centers public spaces. The plaintiff, Southwest Community Resources, claimed that by extending leases to government agencies and allowing them to make presentations in the shopping centers’ common areas, the centers could no longer claim the right to prevent activists from coming in and doing the same. Those rights were established under earlier U.S. Supreme Court decisions. The plaintiff sought a judgment under the First Amendment that would enable them to have access to shopping center common areas, sidewalks and parking lots, subject to reasonable time, place and manner restrictions. The shopping center owners, Simon Property Group, Heitman Properties of New Mexico and Prudential Insurance Co. of America, won summary judgment when the court ruled that “no reasonable interpretation of the plaintiffs’ evidence could result in the conclusion that the defendant mall-owners either engaged in state action or dedicated their properties to public use.” The lawsuit arose after several incidents in 1998 in which the shopping centers prevented the resources group from demonstrating on several issues — including distributing “brown dollars” to show the buying power of Hispanics — at the properties.

United Artists hit by financial woes
United Artists Theatre Co. filed for Chapter 11 bankruptcy court protection Sept. 5, becoming the latest cinema chain to do so in recent weeks. The Denver-based company is seeking to reject the leases on 70 cinemas it already has closed. United Artists at press time operated 225 theaters.

Toys ‘R’ Us, Amazon form toy venture
Toys ‘R’ Us, through its Toysrus.com subsidiary, and Amazon.com formed a strategic alliance that will build a co-branded online toy and video game store. Amazon.com and Toysrus.com have also agreed to launch a co-branded baby products store, in the first half of 2001. Toysrus.com will identify, buy and manage inventory; Amazon.com will handle site development, order fulfillment and customer service, housing both Toysrus.com’s and its own inventory in Amazon.com’s U.S. distribution centers. The two companies have signed a 10-year pact.