July 2013 Vol. 13, Issue 5
Oakland City Attorney Barbara Parker 
News from the Oakland City Attorney's Office
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Greetings!
 
In our monthly newsletter, we provide important information about the work of the Oakland City Attorney's Office -- plus updates on legal issues and matters that impact Oakland residents and businesses.
 
This month: celebrating marriage equality in California; U.S. Supreme Court's disturbing decisions on voting rights and affirmative action; and updates on legal cases involving the City of Oakland.

U.S. Supreme Court Rulings          

Celebrating marriage equality in California     

  
BJPOn Sunday, June 30 I had the honor of marching in the San Francisco Pride Parade and celebrating marriage equality in California. 

One Giant Step Forward on Marriage Equality
  
Our country took one giant, historic step forward with the Supreme Court striking down the Defense of Marriage Act ("DOMA") and rejecting the appeal of Proposition 8 proponents on procedural grounds.

In Oakland's amicus brief opposing Prop. 8, we argued that California's ban on same sex marriage was unconstitutional on its face, a crystal clear violation of the Fourteenth Amendment's Equal Protection Clause, one of the hallmarks of the U.S. Constitution. 

The high court's dismissal of the Prop. 8 proponents' appeal ushered in a new era in California, but left to another day the proclamation that our federal constitution compels all states to recognize same sex marriages.
  
I am ecstatic about the results of the court's ruling for our state, and I enjoyed marching with some of the leaders who have been at the forefront of this struggle, and seeing so many couples lining up to get married after this basic right was denied for so long. 

One Side Step on Affirmative Action
  
While our country took a great step forward on marriage equality as a result of the Supreme Court's rulings, the Court also took one side step in the University of Texas case, not striking down affirmative action in public education, but imposing overly stringent standards that will make it next to impossible to consider race as one of many factors in college admissions. 

One Heartbreaking Step Backward on Voting Rights
  
And the court took a heartbreaking, sorrowful step backward, striking down the section of the Voting Rights Act that requires pre-approval of changes in election procedures for states with a history and continuing practice of erecting barriers to voting. 

As the Reverend Dr. Martin Luther King, Jr. declared, the arc of the moral universe is long, but it bends toward justice. Of course, it doesn't bend by itself. We are the ones who have to bend it. 

Because of the courage of our forebears and the many heroes and sheroes of today's unrelenting fight to bring justice and equal rights to all, we can rejoice that marriage in California is a right for all of us.
  
But the battle continues as we fight for marriage equality throughout the country, as we fight to remedy the legacy of slavery and legal discrimination and provide equal educational opportunity for people of color, the poor and women, and as we fight to protect the right to vote which is at the very heart of our democracy.
  
Please check out some of my photos from the SF Pride march... and more about the recent work of the City Attorney's Office below.
  
SF Pride 2013       
SF Pride 2013   
   
Legal Briefs
Updates on major cases involving the City of Oakland   

Medical cannabis case: As we reported in last month's newsletter, we are continuing to fight the federal government's effort to shut down Oakland's medical cannabis program.

 

Background: Last year, the U.S. Attorney filed a forfeiture action to seize an Oakland property where a medical cannabis dispensary is operating under state law and with a City permit. Oakland sued in October 2012 to prevent the forfeiture (City of Oakland v. Holder). Earlier this year, the court dismissed our lawsuit, ruling that Oakland had no standing to bring the case -- despite the unique harm to legitimate medical patients, Oakland taxpayers and the City's regulatory rights that will occur if the federal government is successful. We appealed the court's decision and asked the judge to stay the forfeiture case until our appeal is resolved.

 

I am very pleased to report that last week, after considering our briefs and oral argument, the court granted our motion to stay the forfeiture proceedings pending the result of our appeal. 

 

This is an extraordinary procedural victory for the City, and it is an important recognition of the rights of Oakland patients, residents and taxpayers, who will suffer if the federal government succeeds in shutting down Oakland's medical cannabis regulatory program.

 

More information

 

 

City wins wrongful termination case: The Alameda County Superior Court recently granted our motion for summary judgment in the case Baker v. City of Oakland.

 

The plaintiff filed a wrongful termination lawsuit seeking more than $5 million after his employment with the City ended in 2011. Late last month, Judge Brenda Harbin-Forte ruled 100% in the City's favor, resolving the case with no payment of money to the plaintiff. 

 

Background: Plaintiff was an at-will employee without a contract. He claimed the City retaliated against him for complaining about allegedly inappropriate use of Measure Y (Violence Prevention and Public Safety Act), a voter-approved tax funding public safety initiatives. 

 

More information 

 

As always, I look forward to your comments, thoughts and questions about how we are conducting the City's business.

 

 

Very truly yours,

 

 

Barbara J. Parker

Oakland City Attorney