CC 07-28-2022_Late_Written CommunicationsCC 07-28-2022
Item No. 1b
League of
Women Voters of
Cupertino-
Sunnyvale v. City
of Cupertino et.
al., N.D. Cal.
Case No. 5:22-
cv-04189
Written Communications
From:Connie Cunningham
To:City Clerk; City Council
Subject:July 28, City Council, Agenda Item 1B, LWV v. City of Cupertino
Date:Thursday, July 28, 2022 3:26:31 PM
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Dear Kirsten: I am hoping to have someone read this for me during
public comments before the Closed Session. However, if noone is
there, would you please read it to the Council and put it in the record?
It is about 2 minutes long. I will let you know if I am able to get
someone to come. I had a person lined up, but then they couldn’t make
it after all.
Thank you, Connie
July 28, City Council, Agenda Item 1B, LWV v. City of Cupertino
Good evening Mayor, Vice-Mayor and Councilmembers:
I am Connie Cunningham, 34 year resident, Housing
Commissioner (speaking for myself only). I am not a lobbyist.
I regret I cannot join you in person because I have tested positive for
COVID. It would have been better to keep the Zoom option, so that
those, like me, who could not come to Community Hall, could be here
virtually.
I am concerned that this change to the meeting reduces transparency to
the public on a very important matter: Cupertino’s Ordinance for
Regulation of Lobbying Activities.
This evening I am addressing Agenda Item 1b. League of Women
Voters of Cupertino-Sunnyvale v. City of Cupertino.
1. I support the position of the League of Women Voters.
2. I urge you to narrow the scope of the current ordinance.
3. I urge you to abandon the legal changes proposed in April
2022. We live in a litigious city, and adding a private right of
action to an already overbroad ordinance will chill speech
further.
4. By changing the method at the last minute to an in- person meeting
only seems to validate the League’s point in the lawsuit—that the
Council doesn’t want to hear from the public. I encourage Council to
be more circumspect about the present difficulties of public
participation in the future.
Open government means welcoming the opinions of all. We
may disagree with some people. They may even be wrong.
Conversation about ideas is how we get to understanding.
Opening an invitation for neighbors to sue each other will not
allow that conversation to flow.
In closing I urge you to conform your actions to the request
by the League of Women Voters.
Sincerely,
Connie L Cunningham
REGULATION OF LOBBYING ACTIVITIES*CHAPTER 2.100
From:Rhoda Fry
To:City Clerk; City Council
Subject:Comments Agenda Item #1b League of Women Voters
Date:Thursday, July 28, 2022 5:48:52 PM
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Dear City Council,
The League of Women voters complaint and its press releases appear to include information that is
not in the actual ordinance. The complaint goes into great detail about council discussions for an
amendment to the ordinance, yet the ordinance itself has not been amended. The ordinance, which
was adopted by council unanimously, was approved in 2021. Our own Councilmember Hung Wei has
been a board member of the League, so I would expect that any issues regarding the ordinance
would have been lodged timely. However, since 2021, I have found no public comment from the
League pertaining to this ordinance. A complaint should be a matter of last resort. I listened to the
April 19, 2022 Council study session that discussed potential changes to the ordinance and was
impressed by the variety, depth, and thoughtfulness of our City council members. The complaint
discusses silencing free speech, however, on April 19, 2022 our own mayor Darcy Paul wanted to
ensure that a modification to the ordinance would retain lawful free speech. To me, this lawsuit,
which is fraught with factual and grammatical errors, looks like a witch hunt. I hope that the City can
make a public statement regarding this lawsuit and that its claims pertain to items that do not even
exist.
Sincerely,
Rhoda Fry
Attached – National League of Women Voters Press Release
https://www.lwv.org/newsroom/press-releases/league-women-voters-files-lawsuit-against-
cupertino-anti-nonprofit-speech
League of Women Voters Files Lawsuit Against Cupertino Anti-Nonprofit Speech Ordinance
Press Release / Last Updated: July 19, 2022
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CUPERTINO, CA — Today, the League of Women Voters of Cupertino-Sunnyvale filed a
federal lawsuit challenging the city’s anti-nonprofit speech ordinance, which requires
nonprofit organizations to register as lobbyists. Organizations that fail to register risk being
penalized. The League asserts that the ordinance’s definition of “lobbyist” is too vague and
chills voter engagement by harming voter service organizations.
“This ordinance is an attack on nonprofit organizations that seek to educate and empower
voters and engage with their elected officials to seek reforms. Ultimately, the voters will
suffer,” said Tracey Edwards, co-president of the League of Women Voters of Cupertino-
Sunnyvale. “At the League, engaging with state and local officials on behalf of voters and
communities is a key part of protecting a fair, equitable, and representative government, and
our voices deserve to be heard.”
“This ordinance violates the First Amendment rights to association and free speech, and
ultimately hurts voters who have the right to engage with their elected officials without
penalty,” said Celina Stewart, Chief Counsel for the League of Women Voters of the United
States. “The overly broad definition of ‘lobbyist’ places an unnecessary burden on nonprofit
organizations like the League of Women Voters and our partners as we work to empower
voters and defend democracy through voter participation.”
The case is brought by the League of Women Voters of Cupertino-Sunnyvale, which is
represented by Steptoe & Johnson LLP.
“On its face, Cupertino’s ordinance treats any organization that occasionally advocates in
Cupertino as if the organization and its members were paid lobbyists. That presumption
violates the federal and state constitutional protections for free speech, freedom of association
and assembly, and the rights of citizens to tell government what they think of the job that
government is doing. The presumption that anyone who engages in such activities in
Cupertino must file reports and disclose all sources of funds flouts cherished American values
and should be declared unconstitutional,“ said Michael Dockterman, a Steptoe partner.
The League of Women Voters (LWV) is a nonpartisan, grassroots nonprofit dedicated to
empowering everyone to fully participate in our democracy. With active Leagues in all 50
states and more than 750 Leagues across the country, we engage in advocacy, education,
litigation, and organizing to protect every American’s freedom to vote.
Read the full complaint here:
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PRESS CONTACT: Shannon Augustus | saugustus@lwv.org | (202)768-9578