United States of America v. State of California et al

Filing 115

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by Anti-Defamation League. Attorney Perrin, Robert W. added. Motion Hearing set for 6/20/2018 at 10:00 AM before District Judge John A. Mendez. (Attachments: # 1 Proposed Amicus Curiae Brief , # 2 Proposed Order)(Perrin, Robert) Modified on 5/21/2018 (Benson, A.).

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LATHAM & WATKINS LLP
Robert W. Perrin (SBN 194485)
[e-mail]
Sarah F. Mitchell (SBN 308467)
[e-mail]
Michael A. Hale (SBN 319056)
[e-mail]
355 South Grand Avenue, Suite 100
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Prospective Amicus Curiae
Anti-Defamation League

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
STATE OF CALIFORNIA, et al.,
Defendants.

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Case No. 2:18-cv-00490-JAM-KJN
The Honorable John A. Mendez
ANTI-DEFAMATION LEAGUE’S
MOTION TO FILE AMICUS CURIAE
BRIEF
Date: June 20, 2018
Time: 10:00 a.m.
Dept.: Courtroom 6, 14th Floor
Complaint Filed: March 6, 2018
Trial Date: Not yet set

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ANTI-DEFAMATION LEAGUE’S MOTION FOR
LEAVE TO FILE AMICUS CURIAE BRIEF

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INTRODUCTION
Pursuant to Federal Rule of Civil Procedure 7, and this Court’s Orders of March 27, 2018

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and April 11, 2018, the Anti-Defamation League (“ADL”) respectfully moves for leave to file

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the concurrently-lodged brief as amicus curiae in support of Defendants’ Opposition to

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Plaintiff’s Motion for Preliminary Injunction (Case No. 2:18-cv-00490).

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IDENTITY AND INTEREST OF AMICUS CURIAE

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ADL is a non-profit organization that fights anti-Semitism and all forms of bigotry,

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defends democratic ideals, and protects civil rights. ADL was founded in 1913 with a mission to

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stop the defamation of the Jewish people and to secure justice and fair treatment to all. ADL has

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26 regional offices across the country, including five offices in California.
ADL has unmatched expertise concerning the development of federal and state hate

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crimes legislation. In 1981, ADL drafted the nation’s first model hate crime law which provided

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for increased penalties for people who target their victims because of race, religion, national

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origin, gender, or sexual orientation. Hate Crimes, ADL, https://www.adl.org/what-we-

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do/combat-hate/hate-crimes (last visited May 14, 2018). The District of Columbia and 45 states

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– including California – have enacted statutes based on, or similar to, ADL’s model. Id. ADL

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also led a large coalition advocating for the passage of the federal Matthew Shepard and James

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Byrd, Jr. Hate Crimes Prevention Act (“HCPA”), signed into law by President Obama on

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October 28, 2009 (codified at 18 U.S.C. § 249). Id. HCPA is a comprehensive federal hate

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crimes statute that gives the United States Department of Justice the power to investigate and

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prosecute violent crimes where the perpetrator chooses the victim because of the person’s actual

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or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or

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disability. 18 U.S.C. § 249.

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ADL also works closely with federal, state, and local law enforcement agencies on issues

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involving extremist and hate groups in the United States, and on the investigation and

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prosecution of hate crimes. Each year, it trains more than 14,000 officers on hate crimes, bias,

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and extremism. Law Enforcement Partnerships, ADL, https://www.adl.org/what-we-do/combat-

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hate/law-enforcement-partnerships (last visited May 14, 2018). It provides training through a
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ANTI-DEFAMATION LEAGUE’S MOTION FOR
LEAVE TO FILE AMICUS CURIAE BRIEF

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national network of regional offices that help law enforcement officers recognize and identify

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hate crimes and investigate them thoroughly and with the appropriate sensitivity. Id. In

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partnership with the United States Holocaust Memorial Museum, ADL also has trained more

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than 130,000 law enforcement professionals through its program Law Enforcement and Society:

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Lessons of the Holocaust, which examines how police build trust with community members.

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Law Enforcement & Society: Lessons of the Holocaust, ADL, https://www.adl.org/who-we-

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are/our-organization/signature-programs/law-enforcement-training/law-enforcement-society (last

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visited May 14, 2018).

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DESIRABILITY OF AMICUS BRIEF
Through its extensive work with law enforcement and its specialized expertise in hate

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crimes, ADL is uniquely situated to assist the Court in evaluating the impact of enjoining

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enforcement of provisions of California’s duly enacted Values Act (Senate Bill 54), Assembly

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Bill 450, and Assembly Bill 103. Specifically, ADL can provide perspective on the likely

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suppressive effect that enjoining California’s laws will have on trust between law enforcement

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and communities, and thus the reporting and prevention of crimes, including hate crimes. ADL’s

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input and perspective into relationships between law enforcement and communities and crime

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reporting is broader than that of the parties. ADL’s arguments thus further demonstrate, beyond

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the parties’ briefing, why the United States’ requested preliminary injunction should be denied.

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CONCLUSION
For the foregoing reasons, the Motion for Leave to File Brief of Amicus Curiae AntiDefamation League should be granted.

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ANTI-DEFAMATION LEAGUE’S MOTION FOR
LEAVE TO FILE AMICUS CURIAE BRIEF

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DATED: May 18, 2018

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Respectfully submitted,
LATHAM & WATKINS LLP

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By

/s/ Robert W. Perrin
Robert W. Perrin
Sarah F. Mitchell
Michael A. Hale
355 S. Grand Ave., Suite 100
Los Angeles, CA 90071
[phone]

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ANTI-DEFAMATION LEAGUE
Steven M. Freeman
Melissa Garlick

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605 Third Avenue
New York, NY 10158
[phone]

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Attorneys for Anti-Defamation League

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ANTI-DEFAMATION LEAGUE’S MOTION FOR
LEAVE TO FILE AMICUS CURIAE BRIEF

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CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of May, 2018, I electronically filed the foregoing

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motion for leave to file together with the accompanying amici curiae brief, with the Clerk of the

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Court for the United States District Court for the Eastern District of California by using the

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CM/ECF system. Participants in the case who are registered CM/ECF users will be served by

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the CM/ECF system. Notice of this filing will be sent by mail to anyone unable to accept

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electronic filing as indicated on the Notice of Electronic filing. Parties may access this filing

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through the Court’s CM/ECF System.

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By

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/s/ Robert W. Perrin
Robert W. Perrin

355 S. Grand Ave., Suite 100
Los Angeles, CA 90071
[phone]

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ANTI-DEFAMATION LEAGUE’S MOTION FOR
LEAVE TO FILE AMICUS CURIAE BRIEF