OUTCOME: Amicus brief filed with United States Supreme Court
“This case presents the issue of whether presidential electors are free to cast Electoral College votes in accord with the deliberative process set forth in the U.S. Constitution, contrary to State law... requirements, and without fear of replacement, fine, imprisonment or other punitive consequences, even if State law or State agents try to restrict those rights."
Election campaigns and political law
Koller v. Brown, et al
Dec 12, 2016
OUTCOME: Injunctive relief denied. Related case Chiafalo was appealed up to United States Supreme Court
This case concerns Plaintiff’s constitutional right to vote as an elector for whomever Plaintiffs believe to be the best and most qualified persons for the offices of President and Vice-President of th...e United States of America. Infringement of those rights would occur through Defendants’ ability to enforce California Election Code §§ 6906 and 18002 to possibly penalize Plaintiff for placing such vote. Presidential Electors are to act as a deliberative body, not merely placing ceremonial votes, but rather ensuring that only a person with the adequate qualifications for office be voted in as President of the United States.
This action is being taken within the context of the most unusual of circumstances in the history of our country, where an unprecedented number of politicians from both major political parties, national security experts, and academics have made impassioned cases demonstrating the unfitness of Donald J. Trump for the office of President and continuing evidence of his unfitness for office have been occurring on a daily basis even since the election. Even electors of his own Republican Party have publicly announcing that they cannot, in good conscience, place their presidential votes for Trump and Democratic electors in other states have publicly invited consideration of a compromise choice for president, a reasonable Republican.
Currently 29 states, including California, have state laws that bind presidential electors to do no more than place a ceremonial vote in accord with their party affiliation or pre-election pledge. Electors in at least two other states - Colorado and Washington – are also currently seeking relief from state statutes that interfere with their right to place their votes in the best interest of the country, even if they might not be consistent with their party affiliation.
Civil rights
Whitby v. Chelsea Investment Corporation, et al
Jul 09, 2014
OUTCOME: Multi-million dollar settlement
Class action lawsuit. Tenants of Windwood Village Apartments, affordable housing for low-income families, has filed a class action lawsuit against Carlsbad, California-based Chelsea Investment Corporat...ion, CIC Management, and affiliated companies alleging housing discrimination against families with children. Chelsea Investment Corporation has been identified as being among the top 50 affordable housing developers in the country.
Plaintiffs have sued under the federal Fair Housing Act which protects citizens from discrimination in housing terms and conditions on the basis of familial status. Parallel obligations are contained within the California Fair Employment and Housing Act, and Unruh Civil Rights Act also alleged in the Complaint. All of the housing owners and managers have a non-delegable duty to avoid discrimination.
Plaintiffs allege that they were treated as second-class citizens, with their children effectively not being allowed outside their apartments without a parent present and their children being refused entry to the pool, clubhouse, laundry room, and playground areas, and otherwise prohibited from using or accessing any common or parking areas of the housing complex. Failure to comply with such discriminatory practices often resulted in 3-day eviction notices based on children’s activities outside the apartment or use of common or parking areas, no matter how innocuous.