Thomas S. Onder, Shareholder in Stark & Stark’s Litigation Group, and Cary S. Kvitka, member of Stark & Stark’s Litigation Group, authored the article, Handling Protesters/Solicitors at N.J. Shopping Malls for the September 5, 2011 edition of the New Jersey Law Journal.


Mr. Onder and Mr. Kvitka state that generally, mall owners may impose restrictions against commercial solicitations and restrictions on the place, time and manner of noncommercial speech activities. However, any commercial restriction should be less onerous than the restrictions noted in the cases cited. Additionally, a mall owner should not adopt any such restrictions unless it can justify that each requirement is necessary in order to protect the mall owner’s commercial interests.