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

Filing 39

DECLARATION of John Doe #8 in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chandler, Timothy)

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ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al Doc. 39 John Doe #8 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 James Bopp, Jr. (Ind. State Bar No. 2838-84)* 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, Indiana 47807-3510 Telephone: (812) 232-2434 Facsimile: (812) 235-3685 Counsel for All Plaintiffs Timothy D. Chandler (Cal. State Bar No. 234325) ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, California 95630 Telephone: (916) 932-2850 Facsimile: (916) 932-2851 Counsel for All Plaintiffs * Pro Hac Vice Application Pending ** Designated Counsel for Service United States District Court Eastern District of California Case No. 2:09-CV-00058-MCE-DAD ProtectMarriage.com, et al., Plaintiffs, v. Debra Bowen, et al., Defendants. DECLARATION OF REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Date: TBD Time: TBD Judge England Decl. of REDACTED in Support of Plaintiffs' Motion for Preliminary Injunction 1 Dockets.Justia.com John Doe #8 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 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 the passage of Proposition 8, I donated $$XXX to ProtectMarriage.com. 4. In support of the passage of Proposition 8, I also displayed a bumper sticker on my car and placed a yard sign in my front yard. 5. My yard sign was stolen and destroyed twice. 6. In support of the passage of Proposition 8, I also attended numerous rallies, three press conferences, and spoke at a number of churches in the Los Angeles, Orange County, and San Diego areas. 7. I also participated on panel discussions at REDACTED , REDACTED and REDACTED High School involving the issue of same-sex marriage, as both a supporter of Proposition 8 and as a REDACTED . REDACTED 8. I attended an election night gathering at a hotel in with other supporters of Proposition 8. At this election night gathering, I photographed. A photograph of me at this event appeared in the REDACTED papers is attached as Exhibit A. , and may have appeared in other publications on November X , 2008. A true and correct copy of the photograph that appeared in these 9. On November X , 2008, the day that my photograph appeared in various newspapers, I began to receive harassing letters, e-mails, and at least one phone call at my workplace, because of my support of Proposition 8. I have since deleted most of these hateful e-mails but a true and correct copy of an email that I did save is attached as Exhibit B. 10. The e-mails were very upsetting to me. Because of this, my boss began to preview my emails before letting me view them. 11. I also received many harassing messages on my MySpace and Facebook accounts because of my support of Proposition 8. Decl. of REDACTED in Support of Plaintiffs' Motion for Preliminary Injunction 2 John Doe #8 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 12. As a result of these incidents, I have had to ensure my personal contact information is no longer available to the public in any manner. Thus, my personal contact information is not even available on the church bulletin of the church where I am employed. 13. Further, I sought and received a document from the REDAC Police Department stating that my home is on private property, so that if anyone tries to picket my home, they will be considered trespassers and can be removed. 14. I believe that supporting Proposition 8 was the right thing to do, but I will be hesitant about supporting similar causes in the future due to my recent experiences. 15. Additionally, I am less likely to donate to a cause similar to Proposition 8 in the future because of my recent experiences. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. SIGNATURE REDACTE Executed on: REDACTED REDACT Decl. of REDACT in Support of Plaintiffs' Motion for Preliminary Injunction 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 PROOF OF SERVICE I, Timothy D. Chandler, am over the age of 18 years and not a party to the within action. My business address is 101 Parkshore Drive, Suite 100; Folsom, California 95630. On January 15, 2009, I electronically filed the foregoing document described as Declaration of John Doe #8 in Support of Plaintiffs' Motion for Preliminary Injunction, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackery Paul Morazzini Zackery.Morazzini@doj.ca.gov Attorney for Defendants Debra Bowen and Edmund C. Brown, Jr. And, pursuant to Rule 5-135(f), on January 15, 2009, I served the foregoing document described as Declaration of John Doe #8 in Support of Plaintiffs' Motion for Preliminary Injunction by placing true and correct copies of the documents in sealed envelopes with postage thereon fully prepaid, in the United States mail at Folsom, California, addressed to the following non-CM/ECF participants: Dean C. Logan Office of the Registrar-Recorder 12400 Imperial Highway Norwalk, California 90650 Department of Elections, City and County of San Francisco c/o Office of the Mayor Gavin Newsom 1 Dr. Carlton B. Goodlett Place San Francisco, California 94102 Jan Scully Office of the District Attorney 901 G Street Sacramento, California 95814 Eileen Teichert Office of the City Attorney New City Hall Building 915 I Street, 4th Floor Sacramento, California 95814 Ross Johnson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Decl. of John Doe #8 in Support of Plaintiffs' Motion for Preliminary Injunction 4 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 Timothy Hodson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Eugene Huguenin, Jr. California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Robert Leidigh California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 and Ray Remy California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Defendants I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January 15, 2009 at Folsom, California. s/Timothy D. Chandler Timothy D. Chandler (CA Bar No. 234325) Attorney for Plaintiff Decl. of John Doe #8 in Support of Plaintiffs' Motion for Preliminary Injunction 5