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ORIG\NAL
CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Authorization to join amicus curiae hrief in the
case of Rubin v. City of Burbank.
Dept: CITY ATTORNEY
Date: March 14,2003
Synopsis of Previous Council Action:
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in
support of the City of Burbank in the case of Rubin v. City of Burbank.
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Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda Item No. 18
STAFF REPORT
Council Meeting Date: March 17. 2003
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: March 14, 2003
AGENDA ITEM: Authorization to join amicus curiae brief in the case of Rubin v.
City of Burbank (Agenda Item No. 18)
A minister ended his religious invocation at a Burbank City Council meeting with the
phrase "in the name of Jesus Christ." One of the attendees, Irv Rubin, objected to this and
brought a legal action against the City of Burbank. The trial court granted an injunction
prohibiting Burbank from permitting "sectarian" prayer at the City Council meetings. The
City appealed and the trial court's decision was affirmed by the Court of Appeal in a
published decision (Rubin v. City of Burbank(2002) 101 Cal.App.4th 1194, 124 Cal. Rptr.2d
867). The California Supreme Court refused to hear the matter. The City of Burbank will
now ask the United States Supreme Court to review this matter.
Burbank's position is that this opinion requires it to review each prayer before it is
delivered at a Council meeting and edit it for content. Burbank argues this would require
it to "entangle" itself in religious matters and interfere with the First Amendment rights of
those delivering the invocation. Burbank further agrees that prior U.S. Supreme Court
opinions allow sectarian prayer at public meetings.
This issue is important to every public entity in California.
The City Attorney recommends the City of San Bernardino join in the amicus curiae
brief. There is no charge to the City of San Bernardino for joinder in the brief.