Controversy Fails to Trim Rival’s Sales

A steady flow of customers poured into Joe Cicero’s Christmas tree lot Saturday afternoon as he opened for business despite efforts by Pierce College to prevent the farmer from selling trees on its property.

Some, like Harold and Jill Smith of Malibu, were drawn by news of the controversy and said they came to support Cicero in his battle.

“I don’t like it when people are unfairly prosecuted,” said Jill Smith, who said she also brings her three children to Cicero Farms at Halloween to ride the hayride Cicero offers each year.

As loudspeakers blared Christmas tunes over the sawdust-covered lot, Cicero admitted he is concerned about his precarious future.

“I still have other decorations that I haven’t set up yet because they still might tell me I have to stop all this,” he said.

The Los Angeles Community College District is attempting to prohibit Cicero from selling trees on the property in order to settle a lawsuit filed against the district by Stu Miller, who operates about 50 lots throughout the state, including one across the street from the college.

Miller alleges the district allowed unfair competition by not letting others bid for the right to sell Christmas trees on its land.

Employees working at Miller’s lot Saturday said they had not had many customers and sales were slow.

On Thursday, an appeals court judge overturned a temporary restraining order that would have stopped Cicero from selling trees on the college land.

Attorneys for Miller and for the college district have challenged the appeals court ruling and have asked that the temporary restraining order be reinstated until a Dec. 18 hearing on a permanent injunction.

A ruling is expected Monday.

College district attorneys also said they are considering other methods of stopping the tree sales, including trying to evict Cicero.

“It’s a point we have to make. This is our property and we did not give Cicero farms permission to sell trees there,” said Jim Lynch, the attorney for the college district. “It’s going to be a long battle all the way through Christmas.”