¶ 2.) After his initial protest, Cvetko returned to the 1400 block each Saturday for the next several months, displaying critical signs while standing in the median. ( Id.) This location lies in close proximity to the Hersheypark amusement park, an entertainment venue operated by HE R. On April 14, 2007, Cvetko positioned himself in the median of the roadway on the 1400 block of West Hersheypark Drive in Derry Township, displaying signs critical of the Hershey Company.

16 ¶ 21.) In an attempt to express disapproval of what he believed was the poor business strategy precipitating this stock loss, Cvetko commenced a series of public protests. The allegations underlying Cvetko's complaint date back to the spring and early summer of 2007, when the stock price of the Hershey Foods/Hershey Company (hereinafter the 'Hershey Company') was allegedly suffering. Furthermore, those portions of the complaint which consist of no more than legal conclusions or a formulaic recitation of the elements of a cause of action have been disregarded. In accordance with the standard of review for a motion to dismiss, the court will present the facts as alleged in the complaint and in the public records provided by the parties. 17.) For the reasons that follow, the motion will be granted. Presently before the court is a motion to dismiss filed by defendants Hershey Entertainment Resorts ('HE R') and Robert Meals ('Meals'). Cvetko seeks to hold each of the defendants liable for violating his First Amendment right to free speech and assembly, his Fourteenth Amendment right to equal protection of the laws, and his right to equal protection under the Pennsylvania Constitution. §§ 19, and Article 1 of the Pennsylvania Constitution. Plaintiff Mike Cvetko ('Cvetko') brings this civil rights action pursuant to 42 U.S.C.

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