Perry et al v. Schwarzenegger et al
Declaration of JAMES BRIAN CARROLL in Support of 546 Memorandum in Opposition to Defendant-Intervenors' Motion to Compel Compliance With Non-Party Document Subpoenas filed byEquality California. (Attachments: # 1 Exhibit A)(Related document(s) 546 ) (Whittemore, Lauren) (Filed on 2/24/2010)
Perry et al v. Schwarzenegger et al
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FENWICK & WEST LLP
A T T O R N E Y S A T LA W S A N FR A N C I S C O
LYNN H. PASAHOW (CSB NO. 054283) firstname.lastname@example.org CAROLYN CHANG (CSB NO. 217933) email@example.com LESLIE KRAMER (CSB NO. 253313) firstname.lastname@example.org LAUREN WHITTEMORE (CSB NO. 255432) email@example.com FENWICK & WEST LLP 555 California Street, Suite 1200 San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Attorneys for Third-Party, Equality California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO, v. Plaintiffs, Case No. 09-CV-2292 VRW
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ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; EDMUND G. BROWN, JR., in his official capacity as Attorney General of California; MARK B. HORTON, in his official capacity as Director of the California Department of Public Health and State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; PATRICK O'CONNELL, in his official capacity as Clerk-Recorder for the County of Alameda; and DEAN C. LOGAN, in his official capacity as Registrar-Recorder/County Clerk for the County of Los Angeles, and Defendants,
SUPPLEMENTAL DECLARATION OF JAMES BRIAN CARROLL IN SUPPORT OF EQUALITY CALIFORNIA'S OPPOSITION TO MOTION TO COMPEL Trial: January 11, 2010 Judge: Chief Judge Vaughn R. Walker Location: Courtroom 6, 17th Floor
PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, HAK-SHING WILLIAM TAM, and MARK A. JANSSON; and PROTECTMARRIAGE.COM YES ON 8, A PROJECT OF CALIFORNIA RENEWAL, Defendant-Intervenors.
DECLARATION OF JAMES BRIAN CARROLL IN SUPPORT OF OPPOSITION TO MOTION TO COMPEL CASE NO. 09-CV-2292 VRW
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J. J a m e s B r i a n Carroll. hereby declare:
I am the M a n a g i n g Director o f third party Equality California (EOC A). I have
p e r s o n a l k n o w l e d g e o r t h e faels s t a t e d b e l o w a n d . i f c a l l e d u p o n a s a w i t n e s s , c o u l d t e s t i f y c o m p e t e n t l y t o s u c h facts, 2. A s describ<:d
the \ k d a n u i o n o f G . : o f f Kors
10 lhe Court o n Februar}
2 2 . 2 0 1 0 . and which I herein incorporate by reference as it pertains to the structure o f Equality for AlL the Equality for All c a m p a i g n involved o v e r 100 m e m b e r o r g a n i z a t i o n s and discussion o f c a m p a i g n s t r a t e g y and messaging took place at many levels a f t h e campaign. 3. E Q C A was one o f the m e m b e r o r g a n i z a t i o n s u f the No on 8 Equality for All
Campaign Committe.:, Members o f l h e Campaign
in open. , p i r i l e d and " i d e
ranging discl!ssion o f the issues i n v o l w d in the No un 8 c a m p a i g n including the Strak!?) employed by the p r o p o n e n t s o f Proposition 8, h o w to respond to the Yes o n 8 campaign regarding the effect o f Proposition 8, h o w to target discrete g r o u p s o f voters with appropriate messaging. and potential t a r g e t s for fundraising l o r the campaign. The issues in the campaign were d",eply personal t o r many o f us and o u r discussions touched o n " e r y d e e p l ) held , ' i e " s and beliefs, 4.
my opinion that the ability to freely express o u r indi\'idual \ i " , , , , and d e w t ' "
h o w to beSt c o m m u n i c a t e t h o s e views t o the voters played an in\'ahmble role in the campaign. Vigorous d e w t e took p l a c e at all levels o f the campaign. during meetings and o v e r email, T h o s e d e b a t e s were essential to determining the c a m p a i g n strategy a n d m e s s a g i n g adopted by the campaign. I a l s o personally e n g a g e d in frank discussions with people at all levels o r t h e c a m p a i g n - it was vital that people tasked with carrying out s p e c i l i c
lIIlderstanding o f what they were being asked t o do, I f I had k n o \ \ n that m) communications could b e c o m e public or could be provided t o oW" o p p o n e n t s in the c a m p a i g n I would not have expressed m y s e l f so freely. Public dissemination o f those communication~ will undoubtedly limit the ability o f large and d i v e r s e campaign~ to vigorously debate the issues. will limit expression o f my " i e w s and \\ ill undoubtedly prevent the free flow o f information ifl future political campaigfls. 5. While those u r u s in leadership rol,," in L B U T o r g a n i l a t i u n s are c o m f o n a b l e " i l h
being publicly a l l i l i a t e d Wilh LUBT causes. some i n d i " i d u a l s provided vall!1lble advice regarding
DECLARATION O f JAMES BRIAN CARROLL IN SUPPORT O f OPPOSITION TO MOTION TO
CASE NO 0'I-CV.2292 VRW
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c a m p a i g n strategy p r e f e r to remain anonymous. Public disclosure o f c o m m u n i c a t i o n s wilh such
individuals \\ o u l d limit EQC A . S lIbilil)' [0
with individuals II h o fear that public
affiliation wjlh L G B T causes " o u l d have a negalive impact on (heir professionalli\es.
While the litigation over Proposition 8 continues. new elforts are underway 10
place a n o t h e r initialive regarding t h e righl o f s a m e g e n d e r c o u p l e s to marry o n t h e ballo! in California. Disclosure o f private internal c o m m u n i c a t i o n s r e g a r d i n g campaign strategy would be vt'T) valuable 10 (he o p p o n e n t s u f t h e right o f s a m e g e n d e r c o u p l e s to marr} , Such disclosure would inhibit (he ability u f future p
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