PLF LAWSUIT TARGETS HUMBOLDT COUNTY'S OUTRAGEOUS BAN ON ELECTION DONATIONS BY BUSINESSES

“Measure T” Bans Donations from Incorporated Firms if They Have Even a Single Employee or Shareholder Residing Outside the County; Unions Face No Similar Restrictions.

EUREKA, CA; August 27, 2008:  Humboldt County is violating First Amendment free speech rights by prohibiting incorporated businesses from donating to local election campaigns if they have any employees or shareholders living outside of the County.  So contends a federal lawsuit filed today by attorneys with Pacific Legal Foundation.

“The County’s donation restriction runs the First Amendment through a shredder,” said PLF Attorney Damien Schiff.  “The Constitution guarantees open and vibrant political debate, with all sides and all points of view allowed into the fray.  The County’s ordinance is an outrageous assault on these free speech rights, because it targets a class of employers to be shut out of the political process.”

The lawsuit challenges Measure T – the Humboldt County Ordinance to Protect Our Rights to Fair Elections and Local Democracy – an ordinance enacted by initiative in June, 2006.  If a corporation has any employees or shareholders living outside of the county – even a single worker or stockholder over the county line – Measure T bans the business from donating to campaigns relating to local ballot measures or candidates for local office.

Measure T also violates the Constitution’s Equal Protection guarantees, according to the PLF lawsuit, because it does not impose the same campaign donation limits on unions.  “Besides restricting core rights of political expression, Measure T also unconstitutionally discriminates against businesses, because union donations are not restricted,” said Damien Schiff.  “An incorporated business is silenced, when it comes to campaign contributions, if it has employees or shareholders outside of the county, but unions that have members in other counties are allowed to continue donating to election campaigns in Humboldt County.  This double standard violates the Equal Protection Clause of the Fourteenth Amendment.”

A public interest legal organization headquartered in Sacramento, PLF is the nation’s legal leading watchdog for limited government, property rights, and constitutional freedoms.  In the Measure T lawsuit, PLF attorneys represent Mercer, Fraser Co., a highway contractor and heavy construction business located in Eureka, and O & M Industries, a commercial and industrial contractor.  O & M is located in Arcata.

The lawsuit complaint, along with the text of Measure T, may be found at PLF’s Web site:  www.pacificlegal.org.

About Pacific Legal Foundation
Pacific Legal Foundation (www.pacificlegal.org) is the oldest and most successful public interest legal organization that litigates for property rights, limited government, and a balanced approach to environmental regulations, in courts across the country.  A 35th Anniversary video, highlighting PLF’s history and mission is now available on YouTube.