Overview
(August 4, 2023, Cupertino, CA) Steptoe pro bono client, League of Women Voters Cupertino-Sunnyvale (the League) ended its lawsuit against the City of Cupertino. The lawsuit began in response to an ordinance passed by the City Council treating citizens who belonged to community, charitable, or political organizations in the same category as lobbyists. The ordinance required community members to register as lobbyists, pay a fee, and make extensive disclosures about themselves and any organization they served to appear before the City's Council or Commissions, or to communicate with City officials. The ordinance was passed as part of a trend in city government circles to require those who wish to speak on civic issues to disclose extensive details about their ties to others and to pay significant fees before being allowed to speak. The Cupertino ordinance put League members at risk of being prosecuted for sharing information about what happened at Council meetings, burdening their right to petition government and speak freely on political issues.
The Cupertino ordinance closely followed a similar ordinance in nearby San Jose that withstood a legal challenge. The League filed suit against Cupertino and, while its complaint was initially dismissed with leave to amend, the League’s extensive negotiations, led by Steptoe, ultimately persuaded the Cupertino City Council to modify its stance. In July, the City Council approved an amended ordinance drafted by Steptoe attorneys that serves the need of the community to speak with City officials and organs of local government without registration fees, onerous disclosures or limitations on dissemination of community information; nonprofit organizations are not at risk of being categorized as lobbyists.
The League's position is that citizens are entitled to know such details about those who seek election as representatives of the people, but that the US and California Constitutions guarantee access to government without the restrictions of registration and continuous disclosures. Partner Michael Dockterman said: "We are delighted to see Cupertino adopt an ordinance that welcomes all to speak to City officials and allows unfettered communication among Cupertino citizens to bring issues of concern to the fore."
The Steptoe team included litigation partners Michael Dockterman and Jamie Lucia, associates Tahir Boykins and Joe Sanderson, and government affairs and public policy partner Jason Abel.
Read the League of Women Voters Cupertino-Sunnyvale press release here.
About Steptoe
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