The law against strategic lawsuits against public participation (SLAPP) aims to protect defendants against meritless lawsuits that might discourage them from exercising their rights to speak and to bring petitions on matters of public concern.

Stationary Engineers Local 39 – the defendant in the case of International Union of Operating Engineers, Local 39 v. Macy’s, Inc. – represented a group of employees who fixed mechanical issues at Macy’s, Inc.’s department store in San Francisco.

A labor dispute arose when Local 39 and Macy’s could not come to a new agreement after the previous collective bargaining agreement expired. Local 39 called a strike and started picketing at the store in September 2020.

The next month, Macy’s filed a complaint alleging that Local 39 authorized, directed, and ratified unlawful misconduct so that Macy’s would submit to its demands. The alleged pattern of unlawful misconduct included the following acts:

• mass picketing at the store’s five entrances;
• blocking ingress and egress at two entrances;
• disturbing the public through loud and boisterous conduct;
• creating an unsafe and threatening environment in the community;
• damaging property by clogging a drain pipe.

Macy’s asked for a temporary restraining order, preliminary and permanent injunctions, and compensatory and punitive damages. Later, it filed a motion seeking leave to amend its complaint.

Local 39 filed an anti-SLAPP motion against the original complaint. It argued that the alleged acts...

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