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Civil Rights
First Amendment
Election Law

OakPAC, Oakland Metropolitan Chamber of Commerce, Oakland Metropolitan Chamber of Commerce Independent Expenditure Committee (Oak-IE-Pac), Michael Colbruno, Scott B. Peterson v. City of Oakland, City of Oakland Public Ethics Commission

Published: May 30, 2009 | Result Date: Mar. 20, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 3:06-cv-06366-WHA Settlement –  $75,000 (attorney fees)

Court

USDC Northern


Attorneys

Plaintiff

James R. Sutton
(Sutton Law Firm)


Defendant

Mark T. Morodomi


Facts

Entities and individuals related to the Oakland Metropolitan Chamber of Commerce Political Action Committee sued the city of Oakland and its public ethics commission. Plaintiffs claimed that Oakland Municipal Code section 3.12.050 (C-E) and section 3.12.60 (C-E) violated the First Amendment. The ordinance limited political contributions to independent expenditure committees.

Damages

Plaintiffs sought declaratory relief stating that the language of the ordinance was unconstitutional, and an injunction enjoining its enforcement.

Result

Settlement. Defendants agreed not to enforce the ordinances unless the Ninth Circuit or the Supreme Court decide that a similar ordinance challenged in another jurisdiction is constitutional. Defendants also agreed to pay plaintiffs' attorney fees.


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