ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 123

DECLARATION of John Doe #20 in SUPPORT OF 110 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A)(Bieniek, Scott) Modified on 6/4/2009 (Matson, R).

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ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al Doc. 123 John Doe #20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment James Bopp, Jr. (Ind. State Bar No. 2838-84)* Richard E. Coleson (Ind. State Bar No. 11527-70)* Barry A. Bostrom (Ind. State Bar No.11912-84)* Sarah E. Troupis (Wis. State Bar No. 1061515)* Scott F. Bieniek (Ill. State Bar No. 6295901)* BOPP, COLESON & BOSTROM 1 South Sixth Street Terre Haute, IN 47807-3510 Telephone: (812) 232-2434 Facsimile: (812) 235-3685 Counsel for All Plaintiffs Benjamin W. Bull (AZ Bar No. 009940)* ALLIANCE DEFENSE FUND 15100 North 90th Street Scottsdale, Arizona 85260 Telephone: (480) 444-0020 Facsimile: (480) 444-0028 Counsel for All Plaintiffs Timothy D. Chandler (Cal. State Bar No. 234325)** ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: (916) 932-2850 Facsimile: (916) 932-2851 Counsel for All Plaintiffs * Admitted Pro Hac Vice ** Designated Counsel for Service United States District Court Eastern District of California Sacramento Division ProtectMarriage.com, et al., Plaintiffs, v. Debra Bowen, et al., Defendants. Case No. 2:09-CV-00058-MCE-DAD DECLARATION OF REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: TBD Time: TBD. Judge England 1 Dockets.Justia.com John Doe #20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment I, REDACTED , make the following declaration pursuant to 28 U.S.C. 1746: 1. I am a resident of the state of California over 18 years of age, and my statements herein are based on personal knowledge. 2. I supported the passage of Proposition 8. 3. In support of Proposition 8, I donated $X,XXX to ProtectMarriage.com - Yes on 8, a Project of California Renewal. 4. In support of Proposition 8, I also organized and hosted wave parties, where supporters of Proposition 8 would gather and wave at passing motorists. I also made phone calls and participated in phone banks on several occasions, making calls in support of Proposition 8. On November 4, 2008, I called supporters of Proposition 8 from 10:00 a.m. until 6:00 p.m. 5. In support of Proposition 8, I also placed a Yes on 8 yard sign in my front yard. 6. There is a lesbian couple who lives near me. These women have been customers of my business for several years, and I have helped them with yard work in the past. When the couple saw the sign in my front yard, they told me that they would no longer patronize my business. They have not patronized my business since I placed the yard sign in my yard. 7. Sometime in October, this Yes on 8 yard sign disappeared from my yard. 8. My business is listed on YellowPages.com. YellowPages.com allows customers of a business to post reviews of the services provided by the business. As of February 6, 2008, the only review for my business on YellowPages.com states: "This company was a donor to the California "Yes on 8" campaign, which took away existing equal rights for same-gender couples." The review then lists my name and the Secretary of State's website, which lists the donation that I made in support of Proposition 8. A true and correct copy of this review as it appeared on February 6, 2008 is attached as Exhibit A. 2 John Doe #20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment 9. These incidents would not change my support for a cause similar to Proposition 8 in the future. However, at any future wave parties, I would make sure that we have at least one man with each group of wavers, to ensure the protection and safety of the teenagers who are participating, and to keep confrontations with people opposing a cause similar to Proposition 8 at a minimum. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed on: REDACTED REDACTED REDACTED 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, Scott F. Bieniek, am over the age of 18 years and not a party to the within action. My business address is 1 South Sixth Street, Terre Haute, Indiana 47807. On June 3, 2009, I electronically filed the foregoing document described as Declaration of John Doe #20 in Support of Plaintiffs' Motion for Summary Judgment, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackery P. Morazzini zackery.morazzini@doj.ca.gov Attorney for Defendants Debra Bowen and Edmund G. Brown, Jr. Judy W. Whitehurst jwhitehurst@counsel.lacounty.gov Attorney for Defendant Dean C. Logan Terence J. Cassidy tcassidy@porterscott.com Attorney for Defendant Jan Scully Mollie M. Lee mollie.lee@sfgov.org Attorney for Defendants Dennis J. Herrera and Department of Elections - City and Count of San Francisco Lawrence T. Woodlock lwoodlock@fppc.ca.gov Attorney for Defendant Members of the Fair Political Practices Commission I declare under the penalty of perjury under the laws of the State of Indiana that the above is true and correct. Executed this 3rd day of June, 2009. /s/ Scott F. Bieniek Scott F. Bieniek (Ill. State Bar No. 6295901) Counsel for All Plaintiffs 1 Declaration of John Doe #20 in Support of Plaintiffs' Motion for Summary Judgment