Earlier this year, the “Yes on Prop B, Committee in Support of the Earthquake Safety and Emergency Response Bond” committee and its principal officer and treasurer, Todd David, brought a lawsuit in federal court to stop the city of San Francisco from enforcing campaign disclaimer laws enacted in 2019 via Proposition F.
After a hearing on their preliminary injunction motion in February 2020, U.S. District Court Judge Charles Breyer ruled only partially in their favor, stopping the city’s enforcement of disclaimer rules on only certain of the committee’s ads, such as small print ads and videos, but otherwise not making its ruling more generally applicable, either to other ads or to other groups.
The committee and Mr. David did not think that this ruling went far enough, particularly given their intention to be involved in future elections, and they have appealed that ruling to the Ninth Circuit Court of Appeals.
Mr. David stated: "I believe the District Court's ruling was too narrow and I'm concerned about the possible chilling effect on political communications. There are still many issues the Prop B Committee cares deeply about and it plans to be active in November's election and beyond. Therefore, I decided to appeal the District Court's ruling."