Court Partially Grants King Soopers Temporary Restraining Order

DENVER, CO — The Denver County District Court on Tuesday granted King Soopers a "narrowly drafted" Temporary Restraining Order against UFCW Local 7 picketers, both preventing more than 10 people to picket at any location as well as intimidation from picketers.

"King Soopers has established that employees, customers and vendors have been threatened with violence and have been made to feel fear and intimidation," Denver District Court Judge Marie Avery Moses wrote in the order. "Additionally, King Soopers has made a showing that the mass picketing has obstructed the ingress and egress of access to certain King Soopers stores."

King Soopers' turn to the courts came during the sixth day of a strike that began on Jan. 12 over unsafe working conditions and wage disputes after the union and King Soopers/Kroger failed to reach an agreement over a new contract.

The strike involves more than 8,000 workers across the Denver area.

"To be extremely clear — we support our associates’ right to picket, we also respect our associates’ right to cross the picket line and work and our customers’ right to cross the line to shop," King Soopers said in a statement. "Unfortunately, at several locations picketers are engaging in unlawful activity including threatening, blocking and intimidating both associates and customers who have chosen to cross the picket line."

In its statement, King Soopers described instances of picketers preventing trucks from making deliveries to certain locations.

"These activities are not peaceful and frankly are unsafe," the statement said. "The safety of our associates, customers and communities will ALWAYS come first and this temporary restraining order is a reflection of that commitment. It is truly disappointing that the union would endorse these unlawful and unsafe behaviors."

The Court did recognize the importance of protecting the freedom to protest working conditions, and so drafted its Temporary Restraining Order in a way that would protect both the rights of the workers to protest as well as the rights of anyone wishing to cross the picket line to do so safely.

"The court intends to protect the important public interest, namely the important rights of picketers to protest what they view as unfair labor conditions, by narrowly drafting the Temporary Restraining Order in a manner that maximizes the public interest in a peaceful protest while protecting the physical safety of customers, employees and vendors," Judge Moses wrote. "The balance of equities favors the granting of the injunction given the allegations regarding the threats of violence."

"By narrowly tailoring the temporary restraining order, the Defendants will still be permitted a broad ability to picket consistent with their first amendment rights, with only minimum restrictions to protect public and employee safety."

With this order, UFCW Local 7 picketers are not permitted to "impede" the safe entrance or exit of any people or vehicles to King Soopers stores. The number of picketers at each location is not allowed to exceed 10 at one time and picketers are not allowed to harass or intimidate anyone attempting to enter or leave a King Soopers store.

"UFCW Local 7 strongly disagrees with the unfounded allegations by King Soopers," Kim Cordova, president of UFCW Local 7 said in response to the court order in a statement Tuesday. "There are over 8,000 workers, as well as members of the public on our picket lines, and we continue to call on everyone involved not to allow these baseless allegations and bullying tactics to distract us from what is important."

“This Company refuses to bargain," she added. "They want to stop our freedom of speech and curtail even more of the workers’ rights. We will not stand for that. We remain focused on our fight to give King Soopers/ Kroger workers the industry-leading contract that they deserve."

As King Soopers and Local 7 enter their fifth day of negotiations and seventh day of striking, no progress has yet been reported by either party.