Case: Doe v. Reed

3:09-cv-05456 | U.S. District Court for the Western District of Washington

Filed Date: July 28, 2009

Closed Date: 2012

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Case Summary

On July 28, 2009, plaintiffs, two anonymous individuals who signed a voting petition and the group that organized the petition drive, filed a lawsuit in the U.S. District Court for the Western District of Washington against the State of Washington under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, challenged the constitutionality of the state's Public Records Act as applied to the referendum process, claiming violations of the First and Fourteenth Amendments. They sought declara…

Specifically, the petition at issue was organized by opponents to a law signed by the governor of Washington that extended the rights and privileges of gay and lesbian domestic partners. Washington law permits the public to petition for a review of new laws in a referendum by collecting the signatures of 4% of the voters for governor in the previous election. Opponents of the new law organized a campaign entitled "Protect Marriage Washington" and turned in a petition containing 138,500 signatures. Various groups immediately filed requests under the Washington Public Records Act seeking the names and contact information of those who had signed the petition. The plaintiffs in this case were two anonymous individuals who signed the petition and the group that organized the petition drive. Their complaint contained two counts. The first was a facial challenge to the Public Records Act as applied to referendums in general. It claimed that the First Amendment protects the names and contact information of those signing referendum petitions from being disclosed to the public. The second count was an as applied challenge to the constitutionality of the Public Records Act in this particular referendum. It claimed that releasing the names of petition signers in this instance will lead to threats and harassment.

On September 10, 2009, District Court Judge Benjamin Settle granted the plaintiffs' request for a preliminary injunction finding that plaintiffs were likely to succeed on the merits of the first count. The court did not reach the merits of the as applied challenge. The State appealed to the U.S. Court of Appeals for the Ninth Circuit. On October 22, 2009, a three judge panel (Judges Tashima, Pregerson, and Smith) overruled the district court. 586 F.3d 671 (2012). The panel reasoned that the district court had erred in applying strict scrutiny since even assuming petition signing is political speech, it is neither private nor anonymous. The circuit court held that the government had a valid interest in both promoting transparency and accountability and in informing voters of who was putting the measure on the ballot. Plaintiffs appealed to the United States Supreme Court which granted certiorari.

The Supreme Court affirmed the Ninth Circuit on June 24, 2010 in an 8-1 decision written by Chief Justice Roberts. 130 S.Ct. 2811 (2010). Justice Thomas was the lone dissenter. Justices Breyer, Alito, Sotomayor, Stevens, and Scalia each filed concurring opinions. The overall holding was that the state's interest in preventing fraud sufficed to overcome the facial challenge to the Public Records Act as applied to referendums. The Supreme Court then remanded the case for litigation on the merits of the as applied challenge to the Public Records Act in this particular referendum.

On October 17, 2011, the District Court ordered summary judgment for the State on the as applied challenge. 823 F.Supp.2d 1195 (2011). The district court found the plaintiffs evidence of potential harassment insufficient to grant an as applied exemption. And on November 8, 2011, the district court denied plaintiffs' motion for a stay pending appeal. On November 21, 2011, the Supreme Court of the United States also denied plaintiffs' request for a stay pending appeal, with Justice Alito filing a short dissent. 132 S.Ct. 449 (2011). The signed petitions therefore became publicly available. On October 23, 2012, the Ninth Circuit reviewed the district court's grant of summary judgment and dismissed the case as moot because the requested relief of preventing dissemination of the petitions could not be effectively realized. 697 F.3d 1235 (2012).


3:09-cv-05456	Docket for the District Court	Nov. 15, 2012	Nov. 15, 2012 Docket
2 3:09-cv-05456	Complaint	July 28, 2009	July 28, 2009 Complaint
9 3:09-cv-05456	ORDER GRANTING PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER	July 29, 2009	July 29, 2009 Order/Opinion 2009 WL 2392155
59 3:09-cv-05456	ORDER AMENDING AND EXTENDING THE COURT'S TRO	Sept. 3, 2009	Sept. 3, 2009 Order/Opinion
63 3:09-cv-05456	ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION	Sept. 10, 2009	Sept. 10, 2009 Order/Opinion 661 F.Supp.2d 1194
09-35818	Opinion of the United States Court of Appeals for the Ninth Circuit (Reversing the district court) U.S. Court of Appeals for the Ninth Circuit	Oct. 22, 2009	Oct. 22, 2009 Order/Opinion 586 F.3d 671
09-00559	Petition for Writ of Certiorari Supreme Court of the United States	Nov. 6, 2009	Nov. 6, 2009 Pleading / Motion / Brief
09-00559	Supreme Court of the United States Opinion (Affirming the Ninth Circuit) Supreme Court of the United States	June 24, 2010	June 24, 2010 Order/Opinion 561 U.S.
151 3:09-cv-05456	Order Denying Plaintiff's Motion for Reconsideration	Oct. 5, 2010	Oct. 5, 2010 Order/Opinion
152 3:09-cv-05456	Order Denying Plaintiff's Motion for Protective Order and Granting Intervenor Washington Families Standing Together's Motion to Seal	Oct. 6, 2010	Oct. 6, 2010 Order/Opinion 2010 WL 3947501

Title	Description		External URL Date / External URL
Doe v. Reed SCOTUSBlog	Disclosure of the identity of persons who sign petitions for ballot referenda does not normally violate the First Amendment. The Court leaves open, however, the question whether the First Amendment m…	June 24, 2010	June 24, 2010 https://www.scotusblog.com/...
Doe #1 v. Reed	Plaintiffs sought a preliminary injunction in a Washington federal district court to prevent the state of Washington from making referendum petitions available under the state's Public Records Act ("…	June 24, 2010	June 24, 2010 https://www.oyez.org/...
Doe v. Reed Background Washington State Office of the Attorney General	On April 28, 2010, Attorney General Rob McKenna argued Doe v. Reed before the US Supreme Court, asking the Court to uphold a Ninth Circuit ruling, supporting the constitutionality of the state's pub…	April 28, 2010	April 28, 2010 https://www.atg.wa.gov/...

ECF Number	Date	Description	Link
1	July 28, 2009	MINUTE ENTRY for proceedings held before Judge Benjamin H. Settle held on 07/28/2009: Dep Clerk: G. Craft; Pla Counsel: Stephen Pidgeon; CR: Julaine Ryen; Time of Hearing: 4:20; Courtroom: E;Court indicates Plaintiff needs to personally serve Defendants and appear for a TRO Hearing on 7/29/2009 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 07/28/2009)	RECAP
2	July 28, 2009	COMPLAINT against defendant(s) Sam Reed and Debra Galarza (Receipt # SEA 27931), filed by John Doe #1, John Doe #2, and Protect Marriage Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet attachment, # 3 Exhibit 1 to Complaint, # 4 Exhibit 2 to Complaint, # 5 Exhibit 3 to Complaint, # 6 Exhibit 4 to Complaint, # 7 Signature page to Complaint) (TG) (Entered: 07/29/2009) 1 Civil Cover Sheet View on PACER 2 Civil Cover Sheet View on PACER 3 Civil Cover Sheet attachment View on PACER 4 Exhibit 1 to Complaint View on PACER 5 Exhibit 2 to Complaint View on PACER 6 Exhibit 3 to Complaint View on PACER 7 Exhibit 4 to Complaint View on PACER 8 Signature page to Complaint View on PACER	Clearinghouse
3	July 28, 2009	MOTION Plaintiffs Notice of Motion and Motion for Temporary Restraining Order and Preliminary Injunction, and Memorandum in Support of Motion for TemporaryRestraining Order and Preliminary Injunction by Plaintiffs John Doe #1, John Doe #2, and Protect Marriage Washington. (Attachments: # 1 Proposed Order on Motion for Preliminary Injunction, # 2 Proposed Order on Motion for Temporary Restraining Order); Noting Date 7/29/2009. (TG) (Entered: 07/29/2009) 2 Proposed Order on Motion for Preliminary Injunction View on PACER 3 Proposed Order on Motion for Temporary Restraining Order View on PACER	RECAP
4	July 28, 2009	DECLARATION of Scott F. Bieniek in Support of Plaintiffs' Motion for a TRO and Preliminary Injunction filed by Plaintiffs John Doe #1, John Doe #2, and Protect Marriage Washington re 3 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(TG) # 18 Signed page 32 of 3 ) (MGC). (Entered: 07/29/2009) 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Exhibit 8 View on PACER 10 Exhibit 9 View on PACER 11 Exhibit 10 View on PACER 12 Exhibit 11 View on PACER 13 Exhibit 12 View on PACER 14 Exhibit 13 View on PACER 15 Exhibit 14 View on PACER 16 Exhibit 15 View on PACER 17 Exhibit 16 View on PACER 18 Exhibit 17 View on PACER 19 Signed page 32 of [3] View on PACER	RECAP
5	July 28, 2009	DECLARATION of Scott F. Bieniek Pursuant to Fed. R. Civ. P. 65(b)(1)(B) filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 3 MOTION for Temporary Restraining Order and Preliminary Injunction. (TG) (Entered: 07/29/2009)	RECAP
6	July 28, 2009	NOTICE Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington FRCP Rule 5.1 Notice to the Attorney General of Washington. (TG) (Entered: 07/29/2009)	RECAP
7	July 28, 2009	MOTION to Exceed Page Limit by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Proposed Order); Noting Date 7/29/2009. (TG) # 2 Signed page 2 of 7 ) (MGC). (Entered: 07/29/2009) 2 Proposed Order View on PACER 3 Signed page 2 of [7] View on PACER	RECAP
9	July 29, 2009	ORDER granting 3 Motion for TRO signed by Judge Benjamin H. Settle: Responsive Brief due by 8/14/2009; Reply Brief due by 8/21/2009; Preliminary Injunction Hearing set for 9/3/2009 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle.(MGC) (Entered: 07/29/2009)	Clearinghouse
8	July 29, 2009	DECLARATION of Service by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Pidgeon, Stephen) (Entered: 07/29/2009)	RECAP
17	July 29, 2009	ORDER granting 7 Motion for Leave to File Excess Pages, signed by Judge Benjamin H. Settle.(MGC) (Entered: 07/30/2009)	RECAP
20	July 29, 2009	MINUTE ENTRY: TRO Hearing held on 7/29/2009 before Judge Benjamin H Settle - Dep Clerk: G. Craft; Pla Counsel: Stephen Pidgeon; Def Counsel: Not Appearing; CR: Julaine Ryen; Time of Hearing: 2:30; Courtroom: E; For the reasons stated on the record, the Court grants Plaintiffs' motion for a Temporary Restraining Order; Court enters an order memorializing the Court's decision (dkt 9); a hearing on the preliminary injunction is scheduled for 09/03/09 at 2:30 p.m. (MGC) (Entered: 07/30/2009)	RECAP
10	July 30, 2009	APPLICATION OF ATTORNEY James Bopp, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington (Fee Paid) Receipt No. 09810000000001815890. (Attachments: # 1 ECF Registration Form)(Pidgeon, Stephen) (Entered: 07/30/2009) 2 ECF Registration Form View on PACER	RECAP
11	July 30, 2009	APPLICATION OF ATTORNEY Sarah E. Troupis FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington (Fee Paid) Receipt No. 09810000000001815899. (Attachments: # 1 ECF Registration Form)(Pidgeon, Stephen) (Entered: 07/30/2009) 2 ECF Registration Form View on PACER	RECAP
12	July 30, 2009	APPLICATION OF ATTORNEY Scott F. Bieniek FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington (Fee Paid) Receipt No. 09810000000001815904. (Attachments: # 1 ECF Registration Form)(Pidgeon, Stephen) (Entered: 07/30/2009) 2 ECF Registration Form View on PACER	RECAP
13	July 30, 2009	ORDER on the 12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Scott F Bieniek for John Doe #1, John Doe #2, and Protect Marriage Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CMG) (Entered: 07/30/2009)	RECAP
14	July 30, 2009	ORDER on the 11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Sarah E Troupis for John Doe #1, John Doe #2, and Protect Marriage Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CMG) (Entered: 07/30/2009)	RECAP
15	July 30, 2009	ORDER on the 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS James Jr Bopp for John Doe #1, John Doe #2, and Protect Marriage Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CMG) (Entered: 07/30/2009)	RECAP
16	July 30, 2009	NOTICE of Appearance by attorney James Kendrick Pharris on behalf of Defendants Sam Reed, Debra Galarza. (Pharris, James) (Entered: 07/30/2009)	RECAP
18	July 30, 2009	CERTIFICATE OF SERVICE by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 9 Order on Motion for TRO, Set Deadlines/Hearings. (Bieniek, Scott) (Entered: 07/30/2009)	RECAP
19	July 30, 2009	NOTICE of Amended Caption ; filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Proposed Order)(Bieniek, Scott) (Entered: 07/30/2009) 2 Proposed Order View on PACER	RECAP
21	July 31, 2009	ORDER Amending Caption by Judge Benjamin H Settle re 19 Notice-Other filed by John Doe #1, John Doe #2, Protect Marriage Washington. (TG) (Entered: 07/31/2009)	RECAP
22	Aug. 3, 2009	MOTION for Protective Order by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/3/2009, (Troupis, Sarah) (Entered: 08/03/2009) 2 Proposed Order View on PACER	RECAP
23	Aug. 6, 2009	MOTION Join Additional Parties by Defendants Sam Reed, Brenda Galarza. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Join Additional Parties) Noting Date 8/21/2009, (Pharris, James) (Entered: 08/06/2009) 2 Proposed Order Granting Defendants' Motion to Join Additional Parties View on PACER	RECAP
24	Aug. 10, 2009	MOTION Consolidate Preliminary Injunction Hearing on Count I of Complaint with Trial on the Merits by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/3/2009, (Troupis, Sarah) (Entered: 08/10/2009) 2 Proposed Order View on PACER	RECAP
25	Aug. 14, 2009	RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 3 MOTION for Temporary Restraining Order. (Pharris, James) (Entered: 08/14/2009)	RECAP
26	Aug. 14, 2009	DECLARATION of Nick Handy filed by Defendants Sam Reed, Brenda Galarza re 3 MOTION for Temporary Restraining Order (Pharris, James) (Entered: 08/14/2009)	RECAP
27	Aug. 14, 2009	DECLARATION of Blinn filed by Defendants Sam Reed, Brenda Galarza re 3 MOTION for Temporary Restraining Order (Pharris, James) (Entered: 08/14/2009)	RECAP
28	Aug. 17, 2009	RESPONSE, by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, to 23 MOTION Join Additional Parties. (Troupis, Sarah) (Entered: 08/17/2009)	RECAP
29	Aug. 18, 2009	NOTICE of Additional Filing of Declaration of Catherine Blinn re 27 Declaration ; filed by Defendants Sam Reed, Brenda Galarza. (Pharris, James) (Entered: 08/18/2009)	RECAP
30	Aug. 20, 2009	REPLY, filed by Defendants Sam Reed, Brenda Galarza, TO RESPONSE to 23 MOTION Join Additional Parties (Attachments: # 1 Proposed Order)(Pharris, James) (Entered: 08/20/2009) 1 Proposed Order View on RECAP 2 Proposed Order View on PACER	RECAP
31	Aug. 21, 2009	REPLY, filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, TO RESPONSE to 3 MOTION for Temporary Restraining Order (Troupis, Sarah) (Entered: 08/21/2009)	RECAP
32	Aug. 21, 2009	DECLARATION of Sarah E. Troupis filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 3 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Troupis, Sarah) (Entered: 08/21/2009) 2 Exhibit Exhibit 1 View on PACER 3 Exhibit Exhibit 2 View on PACER 4 Exhibit Exhibit 3 View on PACER	RECAP
33	Aug. 24, 2009	ORDER by Judge Benjamin H Settle denying 23 Defendants' Motion to join additional parties. (TG) (Entered: 08/24/2009)	RECAP
34	Aug. 25, 2009	Letter from James Pharris re 33 Order on Motion for Miscellaneous Relief Letter to other parties re Order Denying Motion to Join Additional Parties. (Pharris, James) (Entered: 08/25/2009)	RECAP
35	Aug. 27, 2009	RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 22 MOTION for Protective Order. (Pharris, James) (Entered: 08/27/2009)	RECAP
36	Aug. 27, 2009	MOTION to Intervene Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Motion to Intervene) Noting Date 9/3/2009, (Dixson, Steven) (Entered: 08/27/2009) 1 Proposed Order Granting Motion to Intervene View on RECAP 2 Proposed Order Granting Motion to Intervene View on PACER	RECAP
37	Aug. 27, 2009	DECLARATION of Toby Nixon filed by Intervenor Washington Coalition for Open Government re 22 MOTION for Protective Order, 36 MOTION to Intervene (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dixson, Steven) (Entered: 08/27/2009) 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER	RECAP
38	Aug. 28, 2009	PRAECIPE to attach document re 37 Declaration by Intervenor Washington Coalition for Open Government. (Dixson, Steven) (Entered: 08/28/2009)	RECAP
39	Aug. 28, 2009	APPLICATION OF ATTORNEY Duane M. Swinton FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Washington Coalition for Open Government (Fee Paid) Receipt No. 09810000000001840114. (Attachments: # 1 ECF Registration)(Dixson, Steven) (Entered: 08/28/2009) 2 ECF Registration View on PACER	RECAP
40	Aug. 28, 2009	RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 24 MOTION Consolidate Preliminary Injunction Hearing on Count I of Complaint with Trial on the Merits. (Pharris, James) (Entered: 08/28/2009)	RECAP

Case: Doe v. Reed

3:09-cv-05456 | U.S. District Court for the Western District of Washington

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