We've all seen the Proposition 65 signs, on institutions ranging from liquor stores to service stations, warning the public of possible exposure to substances "known to the state of California" to be hazardous. The state of California doesn't have enough resources to monitor each and every institution with potential hazards, so one of the terms of Prop. 65 permits independent groups to challenge institutions themselves.
Humboldt County's Mateel Environmental Justice Foundation is one group that has detected a number of hazards, which have led to warnings under the terms of Prop. 65. They recently monitored the air quality in Bay Area parking garages, and launched a notice to have over 300 garages post warning notices. A number of garage businesses have responded with a lawsuit against Mateel.
The lawsuit contends that by monitoring the air quality inside the garages, Mateel was trespassing and engaging in unfair business practices, since access to the garages is permitted "for the express purpose of parking."
National environmental groups have joined Mateel in filing a motion to dismiss the lawsuit as a frivolous Strategic Lawsuit Against Public Participation (or SLAPP). The premise upon which the lawsuit rests could have a chilling effect on not only the monitoring of exposure to hazardous substances and conditions, but also on things such as consumer efforts to make an informed decision.
This was a brief news item in Terrain. I recommend reading the San Francisco Examiner's much more detailed story about the matter.
The lawsuit was overturned and a settlement was reached. I haven't noticed many parking garages in San Francisco that display the warning, though.
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