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

Filing 145

DECLARATION of John Doe #42 in SUPPORT OF #110 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A)(Bieniek, Scott) Modified on 6/4/2009 (Matson, R).

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

Doc. 145

John Doe #42
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: [phone] Facsimile: [phone] Counsel for All Plaintiffs Benjamin W. Bull (Ariz. State Bar No. 009940)* ALLIANCE DEFENSE FUND 15100 North 90th Street Scottsdale, Arizona 85260 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs Timothy D. Chandler (Cal. State Bar No. 234325)** ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: [phone] Facsimile: [phone] 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 IN REDACTED SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: TBD Time: TBD. Judge England

1

Dockets.Justia.com

John Doe #42
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 $XX through my church, . 4. In support of Proposition 8, I participated in a Yes on 8 rally in Euclid, wrote several commentaries for both our local paper and online blogs, attended our church's Yes on 8 presentation, and visited numerous websites that supported Proposition 8. 5. In support of Proposition 8, I also placed yard signs in my hard. On three separate occasions, the signs were stolen or vandalized during the night. I reported these incidents to my local police department, but I received no response from them. 6. On one morning following the disappearance of my signs, I walked up and down my street and saw that all of the Proposition 8 were tagged with the words "hate speech" or "hater." I walked over to my neighbor's house to talk about what had happened, and I noticed that my sign was in his yard, along with several other signs. I knew that this was my sign, because I purchased it from my church and the graphics were different than most of the "Yes on 8" signs. 7. That day, I took photographs of the vandalized signs, sent the photos to the police, and reported the vandalism as hate speech. True and correct copies of the pictures I took are attached as Exhibit A. As set forth above, I never received a response from the police department about this vandalism. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
REDACTED

Executed on:

REDACTED

REDACTED
REDACTED

2

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 #42 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 [e-mail] Attorney for Defendants Debra Bowen and Edmund G. Brown, Jr. Judy W. Whitehurst [e-mail] Attorney for Defendant Dean C. Logan Terence J. Cassidy [e-mail] Attorney for Defendant Jan Scully Mollie M. Lee [e-mail] Attorney for Defendants Dennis J. Herrera and Department of Elections - City and Count of San Francisco Lawrence T. Woodlock [e-mail] 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 #42 in Support of Plaintiffs' Motion for Summary Judgment