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

Filing 159

DECLARATION of John Doe #56 in SUPPORT OF #110 MOTION for SUMMARY JUDGMENT. (Bieniek, Scott)

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

Doc. 159

John Doe #56
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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 REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: TBD Time: TBD. Judge England

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Dockets.Justia.com

John Doe #56
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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 made a donation of $X,XXX to ProtectMarriage.com - Yes on 8, a Project of California Renewal in the name of my business. 4. After this donation, a man called my office and left me a voice mail message in which he called me a "bigot" and told me I should be "ashamed." After listening to this message, I had the impression that the man who called me had a list of people he was calling and saying similar things to. 5. In support of Proposition 8, I also participated in "wave parties" where I stood on a sidewalk and waved to passing motorists. While waving, people would regularly make obscene gestures to and yell at those of us waving. 6. In support of Proposition 8, I also placed a sign supporting Proposition 8 in my yard. Someone took down this sign and ripped it down the middle during the day. 7. In support of Proposition 8, I also had a bumper sticker taped to the front window of my car, canvassed my neighborhood to find supporters of Proposition 8, worked the telephones on election day, worked with ProtectMarriage.com and spoke at churches to encourage the support of Proposition 8, and produced a video to support Proposition 8. 8. After these incidents, I took the address of my business - which is also my home address - off of my business's website, leaving only my name and telephone number on the website as my contact information.

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John Doe #56
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Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment

9. Although these incidents would not prevent me from supporting a cause similar to Proposition 8 in the future, I find these incidents very upsetting. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

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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 #56 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

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Declaration of John Doe #56 in Support of Plaintiffs' Motion for Summary Judgment