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