April 10, 2006
Mr. Harold Johnson, Esq.
Pacific Legal Foundation
10360 Old Placerville Rd.
Suite 100
Sacramento, CA 95827
Dear Harold,
As we have discussed, we were disappointed in the recent
decision of the California Supreme Court in Evans v. Berkeley.
We are especially disappointed and concerned that the decision
was unanimous. However, let me also express our appreciation
for your efforts supporting the Sea Scouts in this case.
I do not need to convince you of the major national significance
of this case. I know you are well aware of it. Berkeley’s
action discriminating against the Sea Scouts was a clear and
blatant attempt to punish them for exercising their First
Amendment rights to freedom of association. In our opinion,
the fact that the Scouts’ constitutional rights had
been specifically upheld by the United States Supreme Court
in the Dale decision in 2000 makes the California Supreme
Court’s decision all the more outrageous.
We cannot allow any city or other governmental unit to discriminate
against or punish any group or individual for exercising their
constitutional rights simply because that governmental entity
does not agree with them. As you know, there is overwhelming
federal case law that firmly establishes this prohibition
and lays down clear guidance and limitations for governmental
entities. We are convinced that if this case is appealed to
the United States Supreme Court, especially as it is currently
constituted, this decision would be reversed.
We know that your client has not yet decided whether to file
an appeal but we urge you to recommend that they do so. There
is much at stake here, and not just for the Sea Scouts. The
ability of thousands of other groups and individuals with
similar views to exercise their constitutional rights without
fear of harassment or punishment by state and local governmental
units has clearly been put as risk by this decision as well.
For this reason, and because a favorable U.S. Supreme Court
decision would set national precedent and reduce the need
to fight assaults such as this one on a case by case basis,
, we are convinced there would be wide support for an appeal.
Certainly, we pledge whatever support the Scouting Legal Defense
Fund and the American Civil Rights Union can provide if your
client decides to appeal. At the very least, we pledge to
file a strongly supportive amicus brief and also to encourage
other organizations to file briefs in support of the Sea Scouts.
If there is anything further we can do to assist your client
in making the decision to appeal I hope that you will get
in touch with me immediately.
Sincerely,
Eric Carleson
Executive Vice President and General Counsel
American Civil Rights Union
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