Primary Source: Weekly Legislative and Litigation Updates from California Justice Center
Julie Hamill tracks legislative and litigation updates relevant to California Justice Center’s mission, and shares weekly posts here to provide you with direct access to primary sources and easy to follow summaries of the most important legal issues impacting Californians.
CPC Files Amicus Brief in Huntington Beach v. Newsom
California Policy Center filed an amicus brief supporting the City of Huntington Beach’s petition for rehearing en banc in the City’s challenge to California’s unconstitutional housing mandates.
Victory for the First Amendment in Santa Ana
California Justice Center president and attorney Julie Hamill notified the City of Santa Ana that the denial of Ms. Lebsack’s application amounts to viewpoint discrimination by a government entity and a prior restraint of free speech which are unconstitutional under the First Amendment. California Policy Center is supporting Lebsack in her request that the City of Santa Ana approve her proposed ad and revise its existing advertising standards.
CPC files amicus brief in support of Temecula school district
The politicization and orthodoxy in our public schools comes from the unions and the Democratic party. It is the State and teachers’ unions imposing rigid and exclusive indoctrination of children with divisive race and gender theories, and the district merely adopted policies to mitigate the orthodoxy imposed by those entities.
California Policy Center Files Amicus Brief Defending Free Speech Rights of Students and Teachers in California Schools
California Policy Center filed an amicus curiae brief Monday in support of the First Amendment rights of a California first grader who was punished by her school after she drew a picture containing the words “Black Lives Mater [sic]… any life.” The school principal disciplined the student by depriving her of recess for two weeks and prohibiting her from drawing.
King Newsom's long train of abuses and usurpations
California Justice Center attorney Julie Hamill compares Governor Newsom's leadership style with the list of grievances against King George outlined in the Declaration of Independence.
Social Media Use for Public Officials – An Explainer Based on Lindke V. Freed and O’Connor-Ratcliff V. Garnier
California Justice Center attorney Julie Hamill explains social media use for government officials in light of the United States Supreme Court decision in Lindke v. Freed and O’Connor-Ratcliff V. Garnier.
Legal Update: Visalia Unified School District v. Public Employment Relations Board
Last month, the California Court of Appeal issued a decision in Visalia Unified School District v. Public Employees Relations Board, impacting personnel disputes in school districts throughout California. This is a must-read for all California school district HR directors.
What is the Point of Government? First Read: Common Sense by Thomas Paine
California Justice Center attorney Julie Hamill examines the existential question: What is the point of government?
It is time
California Justice Center attorney Julie Hamill explains the need for her substack, A Republic If You Can Keep It.
Housing Bills Coming Fast & Furious in 2023
Community development staff at public agencies throughout California have had the rug pulled out from under them repeatedly over the last few years. Long standing norms and laws are now subject to constant changes - from small tweaks to sweeping reforms. Just as cities were settling in to the latest standards and requirements, our legislators in Sacramento are once again changing the rules of the game.
This post addresses only a handful of new bills - it is not exhaustive by any means. Through these bills, the legislature wants to prohibit local agencies from allowing owner-occupancy requirements for ADUs, shorten the time period a local agency has to approve or deny a JADU, and require property owners to give a right of first refusal to residential tenants (among other things).
Public Records Request to the State of California Re: Support for Covid Measures
As citizens, we enable and empower our government to exist in order to serve us. The government should accordingly proceed in a transparent and public manner when conducting business that impacts our lives. When we ask for information to support government actions, especially actions that cause us harm, the government needs to provide that information. If they don’t provide it, there are legal remedies available to pursue. I would rather not have to litigate against government entities, but if they refuse to be transparent, and continue to act unilaterally without explanation, accountability, or any check on their authority (as Gov. Newsom and CDPH Director Ghaly continue to do), then legal action is necessary.
California’s Disappearing Referendum Power – A Critique of the Material Change in Circumstances Limitation Created in County of Kern v. Alta Sierra Holistic Exchange Service
Californians have good reason to be concerned about infringement of their constitutional rights, and should take action to ensure they are not further limited. Governor Newsom declared a state of emergency in March 2020, and nearly two years later, Governor Newsom continues to unilaterally extend the state of emergency with no end in sight. Governor Newsom and his public health director Dr. Mark Ghaly proclaimed the California Department of Public Health has the authority to continue issuing lockdown, mask and vaccination orders indefinitely regardless of any state of emergency declaration.[35] Newsom and Democratic legislators have even expressed an interest in revising the recall powers of the people after his embarrassing recall election in September 2021.[36] The recall power is included in the same Article of the California Constitution as the referendum and initiative – these are critical powers reserved to the people, and we need to guard them and protect ourselves from losing complete control over the institutions that we allow to exist.
Advocating for Children Harmed by Covid Policies
Why am I writing about this, at the risk of alienating clients over what has become a hot-button political topic? I write because under the sensational polarized madness we see in the media, there are millions of rightfully concerned parents spanning the full political spectrum who want to help their children, but have no idea what to do or how to start. Every time I speak at a meeting, parents I’ve never met reach out to me to show me pictures of their children’s facial rashes, to cry about the institutionalization of their children for anxiety, depression, and eating disorders, to express fear over the financial burden they’ve taken on because they had to send their kids to private school, to vent frustration over the cruel and nonsensical rules that have essentially turned our schools into sterile, prison-like environments. I want to help you.
The Week in Land Law - SB 10 Lawsuit and LA Skid Row Injunction Vacated
This week, housing advocates challenged SB 10 in court, and the Ninth Circuit struck down a sweeping District Court injunction against the City and County of Los Angeles relating to the homelessness crisis.
The Week in Land Law - Governor Newsom signs SB 9 and SB 10
Less than 48 hours after surviving the recall, Governor Newsom signed SB 9 and SB 10 into law. YIMBYs rejoice. Local government staff, local elected officials, affordable housing advocates, and people who fled dense neighborhoods for more open space and comfortable living conditions panic.
The Week in Land Law - SB 9 and SB 10 land on Governor’s desk, new decisions re: wrongful eviction and violation of rent stabilization ordinance, and federal grazing laws
This week, SB 9 and SB 10 passed both houses of the State Legislature and made it to Governor Newsom’s desk. A couple of interesting new decisions came down regarding evidence in support of wrongful eviction and violation of a rent stabilization ordinance, and federal grazing laws.
The Week in Land Law - SB 9 & SB 10 pass on the Assembly Floor, and the US Supreme Court ends the CDC eviction moratorium
Big news this week. SB 10 passed on the Assembly Floor August 23, and SB 9 passed on the Assembly Floor on August 26. Both SB 9 and SB 10 need a final vote in the Senate, at which point the Governor has a month to decide whether to sign or veto the bills. Also on August 26, the United States Supreme Court ended the CDC eviction moratorium.
The Week in Land Law - SB 9 goes to committee, new CEC building standards, Tournament of Roses appeals, Oakland A’s get expedited review for ballpark project, and CDC eviction moratorium lives on
SB 9 goes to another committee vote this week, the CEC adopted new building standards, the Tournament of Roses filed a notice of appeal, the Oakland A’s will get expedited review for the Howard Terminal ballpark project, and the CDC eviction moratorium lives on (for now).