The Rest of the Story That KXYL's Connie Carmichael Failed to mention !

City of Oakland Defends Constitutionality of Anti-Discrimination Policy (3/04)

Oakland, CA (March 22, 2004) - Oakland City Attorney John Russo announced today that United States District Court Judge Vaughn Walker has dismissed 9 out of 10 causes of action in a lawsuit filed by the Good News Employee Association (GNEA) against City officials.

Filed in July 2003, the GNEA lawsuit attacked the City's policy that provides strong protection against harassment and discrimination based on race, gender, sexual orientation, national origin, religion and other protected categories. The lawsuit contends that the City's policy is unconstitutionally overbroad and vague, and that the defendants "promote homosexuality and its views on religion, and openly denounce Christian views which have been doctrine for thousands of years" and have "shown an unlawful preference for human secularism and homosexual world views."

The case stems from the fact that GNEA posted a flyer on an employee bulletin board which was removed by the City in accordance with its anti-discrimination, non-harassment policy. Entitled "Preserve Our Workplace with Integrity," the flyer read, "Good News Employee Association is a forum for people of Faith to express their views on the contemporary issues of the day. With respect for the Natural Family, Marriage and Family Values." The flyer, which was posted near a lesbian employee's workspace, was apparently in response to an e-mail sent to City employees which announced the time and place of a meeting of a new gay and lesbian employees' association.

After receiving a complaint about the flyer, the City removed it and distributed a copy of its anti-discrimination policy with a cover letter that explained that recently "staff has inappropriately posted printed materials that are in violation of (the policy). Specifically flyers were placed in public view which contained statements of a homophobic nature and were determined to promote sexual orientation-based harassment."

The GNEA lawsuit alleges that the City's policies and actions resulted in numerous constitutional violations: First Amendment (free speech, right to peaceable assembly, right to privacy and free exercise of religious beliefs, and Establishment Clause-fostering excessive government entanglement with religion); Fifth Amendment (Takings Clause); Fourteenth Amendment (Due Process Clause, Equal Protection Clause); Ultra Vires Claim (beyond the power authorized by law), and Article I, Section 1 of the California Constitution.

Last week United States District Court Judge Vaughn Walker dismissed 9 of the 10 causes of action. In addition he granted the City's request for attorneys' fees in the amount of $1,353 as a sanction for plaintiffs' lawyers' failure to appear at a February 5 hearing.

The court recognized that the City has "significant interests in restricting discriminatory speech about homosexuals. . . .(and has) a duty under state law to prevent workplace discrimination on the basis of sexual orientation." The court further found that the plaintiffs (GNEA) failed to demonstrate that the City's anti-discrimination policy is "unconstitutionally vague," or that the City prevented group members' association, intruded on their privacy rights or interfered with the expression of their religious beliefs. In fact, the order confirmed that the City's "policy expressly protects employees from religious discrimination."

The court also threw out plaintiffs' due process, equal protection, Establishment Clause and takings claims and found that "the anti-discrimination policy is designed to further 'equal employment opportunity' and to ensure that all employees are free from harassment and discrimination."

Finally, the court granted the City's motion to dismiss the City of Oakland with prejudice, barring future action against the City, leaving one remaining claim to be litigated: whether then-City Manager Robert Bobb and then-Deputy Director of the Community and Economic Development Agency, Joyce Hicks, violated the free speech rights of GNEA members by removing the flyer from the employee bulletin board.

"The City of Oakland will tolerate no form of workplace harassment, whether it is based on sexual orientation, religion, gender, race, age or national origin, and we will fight vigorously to defend the policies and practices which protect employees from any form of discrimination," said City Attorney John Russo. "We are extremely gratified that the United States District Court recognized our right to maintain a productive work environment."

This case was litigated for the City of Oakland by Morrison & Foerster partner Angela Padilla. "Our clients acted reasonably to prevent discrimination in the workplace," she said. "We look forward to proving that the Plaintiffs' only remaining claim lacks merit, too."

source: http://www.mofo.com/news/print.cfm?MCatID=&concentrationID=&ID=1192
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Now, Here's the KXYL - Connie Carmichael version of the story !

LAW OF THE LAND
City can bar 'family values' message
Flier with no mention of homosexuality deemed 'homophobic'

Posted: February 17, 2005
1:00 a.m. Eastern
© 2005 WorldNetDaily.com

A federal court ruled the city of Oakland had a right to bar two employees from posting a flier promoting traditional family values on an office bulletin board.

Employees Regina Rederford and Robin Christy posted the flier in response to an e-mail to city employees announcing formation of a gay and lesbian employee association. The two responded with a promotion of their own -- the start of an informal group that respects "the natural family, marriage and family values."

But supervisors Robert Bobb, then city manager, and Joyce Hicks, then deputy director of the Community and Economic Development Agency, ordered removal of the flier, stating it contained "statements of a homophobic nature" and promoted "sexual-orientation-based harassment," even though it made no mention of homosexuality.

A July 2003 lawsuit by Rederford and Christy claimed the city's anti-discrimination policy "promotes homosexuality" and "openly denounces Christian values."

U.S. District Court Judge Vaughn Walker dismissed the case Tuesday, ruling the two women did not have their First Amendment rights violated.

Richard Ackerman, whose public-interest law firm Lively and Ackerman represents the two women, said he will fight the case all the way to the U.S. Supreme Court.

"The notion that an employee cannot mention the natural family in the workplace is absurd," he told WorldNetDaily. "Cities should not be run by neo-fascist homosexual advocates. This ruling allows just that."

City Attorney John Russo said in a statement the city "will fight vigorously to defend the policies and practices which protect employees from any form of discrimination."

Ackerman said the case is significant, because a decision against the employees could silence debate about homosexuality and related issues in the state of California.

The flier in question was posted Jan. 3, 2003, on an employee bulletin board where a variety of political and sexually oriented causes are promoted. Titled, "Preserve Our Workplace With Integrity," the entire text said:

Good News Employee Associations is a forum for people of Faith to express their views on the contemporary issues of the day. With respect for the Natural Family, Marriage and Family values.

If you would like to be a part of preserving integrity in the Workplace call Regina Rederford @xxx-xxxx or Robin Christy @xxx-xxxx

The flyer was removed the same day, however, by order of Hicks.

In a Feb. 20 memo announcing a newly revised workplace anti-discrimination policy, Hicks noted recent incidents of employees "inappropriately posting materials" in violation of that policy.

"Specifically," she wrote according to a copy obtained by WND, "flyers were placed in public view which contained statements of a homophobic nature and were determined to promote sexual orientation-based harassment."

The complaint charges Hicks and Bobb violated their clients' constitutional right to "pray, associate, communicate religious ideas, and worship" according to the U.S. Constitution and the laws and regulations of the city of Oakland.

Ackerman said he will file an appeal with the Ninth Circuit Court of Appeals within 10 days, but expects the case to be settled by the Supreme Court.

"This case sets a horrible precedent that suggests that the only thoughts and words allowed in a public workplace are those that support the homosexual agenda," he said. "The city of Oakland has interpreted this ruling to mean that Christianity has no place in our society and should be subject to punishment."

source: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=42888