2003 AGN APR 01 I07 - Laserfiche WebLink

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Item #7 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF April 1. 2003 Honorable Mayor and City Council FROM: City Attorney SUBJECT: Request for Amicus Curiae Support in Rubin v. City of Burbank 1, 2003 BACKGROUND: From time to time, public agencies seek the City's support as an amicus curiae (a friend of the court). There is no cost to the City to participate as an amicus curiae. The City of Burbank is requesting support for its amicus curiae Petition to the United States Supreme Court regarding this case which involves City Council invocations. DISCUSSION/ANALYSIS: The City of Burbank was sued by Mr. Iry Rubin after he attended a City Council meeting at which the invocation ended with the phrase "in the name of Jesus Christ." The trial court issued an injunction against the City of Burbank to prohibit the City from permitting sectarian prayer at City Council meetings. The City appealed, and the trial court's decision was affirmed by the Court of Appeal. The City's Petition for Review by the California Supreme Court was denied. The City of Burbank filed a Petition for Writ of Certiorari to the United States Supreme on March 18, 2003. If the trial court's decision is allowed to stand, legislative bodies throughout the state and the nation will be required to determine whether an invocation is "sectarian", and if so, prohibit that sectarian prayer from being given at a public meeting. The City Council will be required to censor the content of each legislative prayer on a case-by-case basis and will require individual Council members to determine in which prayer they are allowed to participate. The friend of the court brief to the United States Supreme Court will be filed no later than April 18, 2003 and will focus on the more universal and national implications of this decision to public agencies throughout the country. ALTERNATIVES: 1. Direct the City Attorney to advise the City of Burbank to list the City of Colton as a supporter of the amicus curiae brief. 2. Take no action.