Free Reply to Response to Motion - District Court of Connecticut - Connecticut


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Date: June 10, 2004
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Category: District Court of Connecticut
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I , Case 3:00-cv-0104?I%WE Document 86 Filed 06/1 ?€004 Paget of 4
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I UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
I BOY SCOUTS OF AMERICA, and :
CONNECTICUT RIVERS COUNCIL, :
BOY SCOUTS OF AMERICA : CIVIL ACTION NO.
I Plaintiffs, : 300CV1047WWE
I v` ., I · Em S I
= NANCY VVYMAN in her capacity as : Liiiigz, -5:3 rn { '
Comptroller of the State of Connecticut : E: ""' . I
` and as a member of the Connecticut : E Eu, I
State Employee Campaign Committee; : §—=?;?t JU WT _
etal. _ : ___ @,3
I Defendants. : JUNE 9, 2004 < .`·c 5 51
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- REPLY TO PLA|NTIFFS’ RESPONSE TO DEFENDANTS’
MOTION TO TERMINATE ESCRIOW ACCOUNT AND DISBURSE FUNDS
The defendants hereby reply to the PIaintiffs’ Response to Defendants Motion to
_ Terminate Escrow Account and Disburse Funds ("Response"). I
Two things are evident from the plaintiffs Response. First, the plaintiffs do not I
object to the termination of the escrow account and the disbursement of funds. Second,
the sole point of contention is the form of the State’s notification to those whose contri— I
butions are held in the account. For the reasons set forth below, the defendants object I
to certain terms contained in the plaintiffs-’ proposed notice, appended as Exhibit A to I
their Response. I
The plaintiffs ask this Court to order the State to expressly include in its notifica-
tion the following three statements: · _ Y _
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` ‘— Case 3:00-cv-0104wWE Document 86 Filed O6/1(0ji5004 Page 2 of 4
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1. Employees "may lawfully contribute directly to the Councils and are free to
i use your refunded escrow contribution to do so;"
l 2. The addresses of each of four Boy Scouts Councils where donations may
i be sent; and
3. Instructions that the choice for disbursement of the contributions must be
i made "within 30 days of the date of this letter."
The defendants have no objection to the third item regarding a thirty day window
within which an employee may make a decision with respect to disbursement. A
With regard to the first two proposed statements concerning the express mention
of making donations to the plaintiffs, the defendants object based upon the prohibitions I
under Conn. Gen. Stat. §§ 46a-81d, 46a-81l and 46a-81I and the law of this case as l
memorialized in Boy Scouts of America v. Wyman, 335 F.3d. 80. 97, 98 (2003) gg. gg;
mag, ___ U.S. _, 124 S.Ct. 1602 (2004). Connecticut’s nondiscrimination law prohib-
its every State facility, which includes the Connecticut State Employees Campaign for
Charitable Giving (“Campaign"), from being used in the furtherance of prohibited dis-
crimination. Furthermore, no "state agency may become a party to any agreement, ar-
rangement or plan which has the effect of sanctioning discrlmination." Conn. Gen. Stat. i
§ 46a-81i(b). By expressly singling out the Boy Scouts, an organization which admit-
tedly discriminates on the basis of sexual orientation, in a State-issued notice to State
employees, as well as providing directions for making donations to the Boy Scouts, the
State would be furthering such discrimination and would clearly be a party to an ar-
rangement or plan that has the effect of sanctioning such discrimination. Including the
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· Case 3:00-cv-0104wWE Document 86 Filed 06/10!§004 Page 3 of 4
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T pIaintiffs’ proposed language in the Campaign’s notice would violate Connectlcut’s non-
` discrimination law, in spite of the fact that its application to this matter has been finally
{ upheld in court. The State's proposed procedure fully and fairly notifies affected con-
l tributors of their options under applicable law. {
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\ Therefore, this Court should deny the pIaintiffs’ request for the proposed refer-
E ences and instructions pertaining to the Boy Scouts of America or its local councils in
the State’s notice to its employees, and grant the State's Motion to Terminate Escrow l
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Account and Disburse Funds. l
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DEFENDANTS
RICHARD BLUMENTHAL l
ATTORNEY GENERAL l
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ev; M ,
William J. P sky ?
Assistant A orney General l
Federal Bar No. ct08643 l
55 Elm Street, P.O. Box 120 ` .
Hartford, CT 06141-0120 ,
Tel.: (860) 808-5270 .
Fax: (860) 808-5385 f
· Email: William.F’[email protected]
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, ‘~ Case 3:00-cv-0104Ft/YWE Document 86 I Filed 06/1pO/2004 Page 4 of 4

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Q QQQTIFICATION
I hereby certify that on June 9, 2004 a copy of the foregoing Reply to Plaintiffs’
i Response to Defendants’ Motion to Terminate Escrow Account and Disburse Funds
X was mailed via first class mail postage prepaid, to: 5
l George A. Davidson, Esq. \
r Carla A. Kerr, Esq. `
i Hughes Hubbard & Reed LLP .
r One Battery Park Plaza r
` New York, New York 10004 l
= Daniel L. Schwartz, Esq.
i Day, Berry & Howard LLP
A One Canterbury Green I
Stamford, Connecticut 06901 y
C. Joan Parker, Esq.
Assistant Commission Counsel II i
Commission on Human Rights & Opportunities
21 Grand Street ,
Hartford, CT 06106-1507 l
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William J. sky l
- Assistant Attorney General i_
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