We have some terrific news to share with you! On March 20th, the First Appellate District Court of the State of California heard our case in [*CALIFORNIANS FOR EQUAL RIGHTS FOUNDATION et al. v. COUNTY OF ALAMEDA et al.*](https://casetext.com/case/californians-for-equal-rights-found-v-cnty-of-alameda) After hearing the oral arguments from our attorneys, **the appellate court judge swiftly **[**ruled in our favor**](https://www.courts.ca.gov/opinions/nonpub/A167472.PDF)** to reverse the trial court's ruling which had time-barred our legal challenge.** This is a significant milestone in our pursuit of equal opportunity and our defense of Prop. 209!

In July 2022, the Pacific Legal Foundation (PLF) represented CFER and individual co-plaintiffs in an anti-discrimination case [challenging](https://pacificlegal.org/wp-content/uploads/2022/07/FILED-CFER-Complaint.pdf) two race-preferential public contracting programs that channel government funds to only minority-owned businesses in Alameda County. **The case **[***CALIFORNIANS FOR EQUAL RIGHTS FOUNDATION et al. v. COUNTY OF ALAMEDA et al.***](https://casetext.com/case/californians-for-equal-rights-found-v-cnty-of-alameda)** is the first-ever lawsuit in defense of Prop. 209, since the infamous Prop. 16 was voted down in 2020!**

In January 2023, the trial court issued an unfavorable ruling by granting Defendants' Motion for Judgment holding that the claims we seek are time-barred. PLF attorneys fought back with legal filings demonstrating the merits of our claims at the Court of Appeal, which then reversed the trial court's merit-less judgement, holding that our claims are facial and timely.

[Pictured below: Frank Xu of CFER, PLF Attorneys Jack Brown and Caleb Trotter in front of the Appellate Court]

![](https://mcusercontent.com/b78c84756813bc7a3a38500a0/images/32990356-319d-dc3a-d6c3-f0feff8f4d11.jpg)

While the Court of Appeal did not directly address the merits of our Complaint or rule on whether what the County of Alameda is doing is illegal, **the ruling is nonetheless a solid victory for equality under the law!** That is because the ruling held, over the County's objections, that a constitutional challenge to ongoing racial discrimination is not time-barred simply because the discrimination began years ago. In this sense, the ruling sets a positive precedent for future challenges to uphold equal protection.

We hope you are encouraged by this development and by **CFER's unwavering commitment to equality through **[**legal advocacy**](https://www.cferfoundation.org/legal)**!** Yesterday, CFER Executive Vice President Gail Heriot and CFER Executive Director Wenyuan Wu, joined PLF attorneys in [a webinar](https://pd.pacificlegal.org/discriminationinCA) discussing winning strategies and proven cases to combat racial preferences and racial discrimination in California. We will share a recording of the webinar with you soon.

At the national level, [the American Alliance for Equal Rights](https://americanallianceforequalrights.org/) (AAER), a nonprofit led by CFER's long-term ally Mr. Edward Blum to pursue the same mission and vision like CFER, just achieved [a major win today](https://americanallianceforequalrights.org/smithsonian-institute-ends-race-based-internship-program/) in their lawsuit against the Smithsonian Institute. The institute's National Museum of the American Latino has settled the lawsuit, agreeing to end its race-based undergraduate internship program. The favorable settlement affirms the fact that we are standing on the right side to fight against race-based treatment.

Defending and promoting equality takes hard work. Efforts of watchdog organizations like CFER and the AAER to monitor policy developments and mount legal challenges when necessary are indispensable. We hope you will consider making a contribution to CFER today so that we can continue to champion equality for every Californian!

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The Appellate Court Rules In Our Favor! Another Solid Step Towards Legal Victory In Defending Prop. 209

The Pacific Legal Foundation (PLF) and CFER brought  [a lawsuit](https://pacificlegal.org/case/cfer-homebuyers-san-diego-discrimination/)  against the San Diego Housing Commission, City of San Diego and Housing Authority of the City of San Diego last week. CFER sent out a press release to all local, state and national media outlets and followed up with many journalists regarding the story. PLF also disseminated their own presser. Sadly,  **our proactive press outreach efforts have resulted in virtually no media coverage, other than a** [**biased article**](https://www.courthousenews.com/nonprofit-claims-san-diegos-program-to-assist-bipoc-homebuyers-is-unconstitutional/) **from the Courthouse News Service.**  
  
**You would think that the media should take an interest in the story of civil rights advocates challenging a blatantly discriminatory public program in the court of law.** Our lawsuit, seeking an end to a taxpayer-funded housing assistance program that excludes White applicants, is as noteworthy as, if not more than,  [public vandalism](https://www.sandiegouniontribune.com/business/story/2024-03-15/orphaned-epicentre-in-mira-mesa),  [celebration of Black women’s resistance](https://www.sandiegouniontribune.com/columnists/story/2024-03-17/defiance-resistance-in-one-artists-celebration-of-black-women-in-new-mesa-college-exhibition),  [truck-wheel thefts](https://timesofsandiego.com/crime/2024/03/18/tips-sought-in-countywide-rash-of-truck-wheel-thefts/), and  [ACLU’s advocacy for illegal immigrants](https://timesofsandiego.com/politics/2024/03/19/aclu-issues-warning-after-supreme-court-declines-to-block-texas-law-allowing-local-police-to-arrest-suspected-undocumented-migrants/).  
  
Apparently, we are wrong. While we thought cheap shots at “bloodbath” were [a new low](https://x.com/elonmusk/status/1769334696549257298?s=46&t=vg5Hr6pBLJeK0Yr0eSvifg)  of journalism, another kind of unethical journalism is taking place in which  **biased reporters and media outlets intentionally choose to ignore stories that go against their collective narratives**.  
  
But we are not discouraged. I have since written several articles about the lawsuit, which have been published into columns on  [the Epoch Times](https://www.theepochtimes.com/cai/city-of-san-diego-sued-for-bipoc-only-housing-program-5608399),  [California Insider](https://californiainsider.com/california-news/opinion/city-of-san-diego-sued-for-bipoc-only-housing-program-5608399)  and  [Minding the Campus](https://www.mindingthecampus.org/2024/03/19/the-myth-of-housing-disparities-and-residential-segregation/). More importantly, we are collaborating with the PLF to build public awareness on fighting discrimination. We believe that the most powerful way to push back against media bias is to bring more cases against California public agencies that are violating the constitutional principle of equal protection. We need eyes and ears on every level to help us identify potential cases and connect with potential co-plaintiffs, so that we can defeat pernicious racial discrimination in the courtroom.  
  
In that spirit, PLF and CFER will present a virtual event entitled “[Winning Strategies to Combat Discrimination in California](https://pd.pacificlegal.org/discriminationinCA),” on  **March 26th**  at  **3:00-4:00 p.m. EDT/12:00-1:00 p.m. PDT**. This is an expert panel in which we will discuss real-world cases of racial preferences, help the audience build knowledge on recognizing, exposing and challenging such practices. The event features the following speakers:

-   [**Jack Brown**](https://pd.pacificlegal.org/e/590711/discriminationinCA/7j4twh/1671077048/h/ZE8BM-5RNYk5B_TPuxlVxbgoTWhv8v0cCclEt6kugE0)**, Pacific Legal Foundation**
-   [**Gail Heriot**](https://pd.pacificlegal.org/e/590711/discriminationinCA/7j4twh/1671077048/h/ZE8BM-5RNYk5B_TPuxlVxbgoTWhv8v0cCclEt6kugE0)**, Californians for Equal Rights Foundation**
-   [**Andrew Quinio**](https://pd.pacificlegal.org/e/590711/discriminationinCA/7j4twh/1671077048/h/ZE8BM-5RNYk5B_TPuxlVxbgoTWhv8v0cCclEt6kugE0)**, Pacific Legal Foundation**
- **[Wenyuan Wu](https://pd.pacificlegal.org/e/590711/discriminationinCA/7j4twh/1671077048/h/ZE8BM-5RNYk5B_TPuxlVxbgoTWhv8v0cCclEt6kugE0), Californians for Equal Rights Foundation**

If you are interested in learning proven strategies to defend equal protection in California, please  [RSVP](https://pd.pacificlegal.org/discriminationinCA)  for the event and join us in a thought-provoking discussion on March 26!  
  
Like our dear friends at the PLF and CFER’s other allies, we will not stop championing equality!


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The Media Buried CFER’s San Diego Housing Lawsuit – But We Won’t Be Silenced!

Yesterday (March 12), **CFER filed** [**a federal lawsuit**](https://pacificlegal.org/case/cfer-homebuyers-san-diego-discrimination/) **against the San Diego Housing Commission!** Thanks to our partner and legal counsel Pacific Legal Foundation (PLF) who is representing CFER, we are challenging the agency’s discriminatory, race-preferential housing assistance program.

Entitled “City of San Diego First-Time Homebuyer Program for Middle-Income, Black, Indigenous, People of Color (BIPOC) Households,” the housing [assistance project](https://sdhc.org/wp-content/uploads/2023/06/City-of-San-Diego-Moderate-Income-BIPOC-Program-Guidelines.pdf) we are suing is a pilot program launched in 2023 to help first-time, middle-income homebuyers achieve home ownership in San Diego. It provides aspiring homebuyers up to $40,000 for down payments and closing costs.

The caveat is: **white homebuyers are NOT eligible**! This race-based condition clearly constitutes a violation of the equal protection guarantee under the Fourteenth Amendment to the U.S. Constitution. Under our Constitution, discrimination against Americans based on race or color is wrong and it doesn’t matter if the victims are white, black, yellow or brown: discrimination is discrimination and it is unlawful.

Not only is this race-preferential housing assistance program unconstitutional, it is also morally corrupt. The government should help homebuyers based on needs, _not_ race. **That is why we are suing the City of San Diego to halt this government-endorsed, discriminatory program**. No, the government should never have the authority to favor some people over others solely based on race.

Our fight is righteous! Unfortunately, legacy media have already started attacking our effort to fight for equal treatment. The Courthouse News Service published an [article](https://www.courthousenews.com/nonprofit-claims-san-diegos-program-to-assist-bipoc-homebuyers-is-unconstitutional/) quoting a biased [study](https://www.urban.org/sites/default/files/2022-07/San%20Diego%E2%80%99s%20First-Time%20Homebuyer%20Program_0.pdf) on “systemic discrimination” from the Urban Institute, a nonprofit pushing for racial justice. Ironically, while it provides a link to CFER’s website, the news report intentionally refuses to link to the actual policy we are fighting against. As it is, the article reads more like an opinion piece rather than factual reporting! **Knowing that they can’t defend the indefensible, the article fails to cite any substance from the unconstitutional policy.**

In spite of being attacked by the media and facing pressure from defenders of racial spoils, CFER is determined to press forward on this important pursuit of equality. **We believe that it is fundamentally wrong for the government to treat Americans unequally based on race or color. CFER has committed ourselves to being the watchdog for you and for true equal rights since we started three years ago**.

This is the [fourth case](https://www.cferfoundation.org/legal) CFER has brought against California public agencies in our tireless effort to defend equality. Without your continuous financial support, we could have not possibly sustained our important work of legal advocacy. If you may, please consider [donating](https://www.cferfoundation.org/support) to us on a regular basis so that we can keep watching and fighting for you! If you have any leads about potentially discriminatory government policies, please don’t hesitate to contact us for help.

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Taking the City of San Diego to Court for Its Discriminatory Housing Assistance Policy 

CFER Advisor [Eli Steele](https://www.city-journal.org/article/a-conversation-with-shelby-and-eli-steele) has just made a timely and excellent film called ***Killing America: Can the Nation's Schools Be Saved?*** It is a must-watch documentary exploring **the inevitable intersections among California's critical ethnic studies movement, the war on merit, and antisemitism in the wake of the October 7 Massacre**.

On **Saturday, March 2nd (from 6:30 to 9pm PT)**, Eli and the cast members of ***Killing America*** will host **a special pre-release screening at the Guild Theatre (949 El Camino Real, Menlo Park, CA 94025)**. If you are in northern California, we encourage you to [get tickets](https://www.tixr.com/groups/guildtheatre/events/killing-america-96176) to attend the special screening. Eli's captivating work features conversations with Bay Area parents and advocates on incidents of virulent antisemitism and attacks on meritocracy, free speech and radical curriculums in the local schools. It explores in detail how various forces and influences within the educational system permitted this hate --- which first targeted whites and Asians --- to erupt with impunity in an allegedly "tolerant" place.

"What happened in southern Israel on October 7th shook the world in many ways. Most of us never imagined that the ripple effects would reach our public high schools in America, but they did and what they revealed was a shockingly strong current of antisemitism," commented Eli Steele on his motivation behind making *Killing America*.

Eli continued: "This comes after years of anti-Asian and anti-white hate. Where was this tribal hatred coming from? After 60 years of diversity efforts, was this tribal hatred what we ended up with? How could that be. That is why I decided to do a deep dive investigation into the Bay Area schools and my documentary, *Killing America*, is the result."

The special screening of *Killing America* will start at 6:30 pm in the Guild Theatre. A panel discussion will start at 8pm after the screening and the event will conclude at 9pm with a reception. Please [secure your seat today](https://www.tixr.com/groups/guildtheatre/events/killing-america-96176) before the tickets are sold out!

In recent years, CFER has worked with grassroots groups, parents and community members in the Bay Area, to expose the [invasion of diversity, equity and inclusion](https://www.cferfoundation.org/posts/action-alert-srcs), the [assault on academic standards and integrity](https://www.cferfoundation.org/posts/SUHSD_0922), and [the hijacking of ethnic studies](https://www.cferfoundation.org/posts/mhusd-action-alert-042923) in local school districts. We have collaborated with local stakeholders to help them organize fellow parents, students and citizens in school districts including the [San Francisco Unified](https://www.cferfoundation.org/posts/sfusd_action_alert_11_13_23), [Sequoia Union High](https://www.cferfoundation.org/posts/SUHSD_0922), [Palo Alto Unified](https://www.cferfoundation.org/posts/action-alert-in-palo-alto-unified-school-district), and many more. Many of our local partners and friends are interviewed in ***Killing America***.

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Attend the “Sneak Peek” Screening of Eli Steele’s “Killing America” on March 2nd in Menlo Park!

The Hayward Unified School District (HUSD) has made [national news](https://www.foxnews.com/lifestyle/california-teacher-criticized-woke-kindergarten-program-leave) recently, with its quarter-million-dollar "Woke Kindergarten" program that asks teachers to "confront white supremacy and disrupt whiteness." The HUSD school board, consisting of far-left activist trustees, rushed to punish the whistleblower teacher by putting him on leave for "allegations of unprofessional conduct." 

But **the ideological rot in this [underperforming](https://caaspp.edsource.org/?_gl=1*g5ijhl*_ga*MTQ2MzE5NjIyMS4xNjYzMTc5MzQ4*_ga_475QR6J62K*MTY2Njg4NTA5NS42LjEuMTY2Njg4NTEyMy4zMi4wLjA.) Bay Area school district goes much deeper**: for the last four years, the HUSD has mandated a series of "Anti-bias/Anti-racism (AB/AR)" staff trainings. Since 2020, all HUSD teachers, administrators and other district employees have been **forced to sit through grueling sessions of identity politics indoctrination and check their "privileges and biases" if they were uncomfortable with the training materials**. Employees were required to repeatedly engage in mental exercises including **"racial affinity groups," "implicit bias," "antiracist practices," "levels of oppression,"** and etc. 

Three courageous and fed-up HUSD employees had contacted CFER for support and given us all the training materials. To help defend their constitutional rights to equal protection and free speech while protecting the whistleblowers' anonymity in fears of personal retributions, CFER **has filed [a civil rights complaint](https://strapi-cfer.nyc3.digitaloceanspaces.com/a5ef61ff529e059b77fbc0b70aef6c43.pdf) on behalf of them against the HUSD with the Alameda County Office of Education and the U.S. Department of Education Office for Civil Rights**. Our complaint alleges:


>"HUSD is engaged in unlawful discrimination against its employees through a series of biased and hostile professional development programs. HUSD's years-long and ongoing implementation of race-based training programs under the banner of "anti-bias anti-racism" (AB/AR) violates the Fourteenth Amendment to the U.S. Constitution, Title VI of the 1964 Civil Rights Act, Article I Section 31 (a) of the California Constitution, state anti-discrimination laws and Board policies."

To safeguard equality, CFER has supplemented our [legal advocacy](https://www.cferfoundation.org/legal) work with administrative complaints filed on behalf of our supporters and constituents. In April 2021, we led a coalition of five partner organizations and represented two teachers in a civil rights [complaint](https://media.graphassets.com/C5tF87U6Sbe1bKcvGv5e) against the San Diego Unified School District regarding its unlawful, discriminatory training of teachers and employees. That was our nation's first-ever civil rights complaint challenging practices of critical race theory. In June 2022, we submitted a [complaint](https://pacificlegal.org/wp-content/uploads/2022/07/FILED-CFER-Complaint.pdf) to the Poway Unified School District (PUSD) and the San Diego County Office of Education, regarding the former's discriminatory treatment of a concerned parent who voiced disagreements with the school district's teaching of Ethnic Studies. In September 2022, CFER filed a complaint against a San Diego Unified high school teacher who taught his students that Trump supporters and conservatives were "fascist."

What makes this case in Hayward Unified particularly egregious is the **on-going and systematic nature of the mandatory AB/AR staff trainings**. For four years, HUSD educrats have collaborated with third-party DEI firms to inculcate its employees on the fringe theories of antiracism and force them to accept the divisive, race-based ideology. To make matters worse, the school district has demonstrated its willingness to retaliate against whistleblowers and dissidents. The HUSD is also not slowing down on its route to racially segregate its staff and compel them to endorse corrosive identity politics, as more AB/AR training sessions have been scheduled for Spring and Summer 2024. **CFER will fight for the three HUSD employees represented in our complaint and fight against HUSD's discriminatory training apparatus.**

I hope you find encouragement in CFER's continuous resolve to advance equal rights and that we will bring you positive developments in this case. If you are ever forced to attend professional development trainings like HUSD's AB/AR series, please let us know by replying to this email. In the meantime, if you trust CFER as a strong organization championing equality and free speech, please make a kind [donation](https://www.cferfoundation.org/support) to help us grow our reach and impact!

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CFER Files A Civil Rights Complaint Against Hayward Unified on Its Multiyear Anti-Bias Staff Trainings

I can’t wait to report to you a great development in CFER’s persistent fight against the diversity, equity and inclusion (DEI) ideology! Yesterday (02/01/2024) afternoon, Superintendent Marian Kim Phelps of the Poway Unified School District (PUSD), a school district where I have lived and raised my family, was [put](https://www.nbcsandiego.com/news/local/poway-unified-puts-superintendent-on-paid-administrative-leave/3423163/) on paid administrative leave amidst an investigation regarding a series of bad conduct she committed in her position of power.

The ousting of Superintendent Phelps, a DEI appointee who actively promoted [anti-racism](https://www.sandiegouniontribune.com/pomerado-news/opinion/editorial/back-to-school/story/2023-02-22/back-to-school-the-ongoing-fight-against-racism-in-poway-unified), [equity](https://www.powayusd.com/apps/pages/superintendents-profile) and [restorative justice](https://www.youtube.com/live/6HCAUJ3S--Q?si=6DdQgwueyLYNoojZ) in the PUSD, is **a solid win for PUSD students, local parents and community members who organized effectively to exert consistent pressure on the leadership. It is also a cause to celebrate for CFER because our proposal to win the culture war through local organizing has been proven as a winning strategy.**

As a resident and taxpayer, I proudly participated in the success by speaking up at PUSD’s board meetings on [11/9/2023](https://www.youtube.com/watch?v=CMIO_MadqRU&feature=youtu.be), [11/15/2023](https://youtu.be/axvjlxPriY8?si=6iOYDI-v1CNfbQlK), [12/14/2023](https://youtu.be/DR-RH81m2vc?si=9Pijl294A6bGTRAp) (and [again](https://youtu.be/206TPuJN8Ok?si=0EbjYtuBQXg4m99i) at the same meeting), and [1/18/2024](https://youtu.be/Rt5c7nR4z54?si=XRvVN7p_XnTPglXV). **I wanted to use my actions to demonstrate the power of local organizing**.

To recap, PUSD Superintendent Phelps abused her powers to bully members of a sports team at Del Norte High in PUSD, engaged in conflict of interests and retaliated against those who challenged her questionable conduct. The PUSD Board [had refused](https://www.cferfoundation.org/posts/PUSD_lawsuit_113023) to hold Phelps accountable **until local stakeholders took action**. A [lawsuit](https://redenriddell.com/wp-content/uploads/2023/11/2023.11.27-Complaint-FILED.pdf), coupled with the impressive grassroots work by the [PUSD Community Watch](https://www.pusdcommunitywatch.org/) (PCW), a local watchdog that activated and mobilized the entire community, became the impetus for the grassroots campaign to force the PUSD Board to start the investigation that led to Phelps’s ousting. Concerned parents, students, and community members showed up at every board meeting to demand accountability and leadership, while PCW and CFER collaborated to raise awareness on the issue.

In its first year after being established by parents and residents to [advocate for](https://www.pusdcommunitywatch.org/about/mission) student success, transparency, and parental rights, the PCW has already grown into an established local watchdog, providing strategic and emotional support for PUSD local stakeholders. **Its effectiveness in holding the local school district accountable is a touchstone of CFER’s big strategy for winning the culture war.** **Our strategy, which I** [**elaborated**](https://youtu.be/heBrF3qTTYc?si=MN3W84E7E5ZxaTVm) **on during CFER’s 2023 conference, involves building up “Queen” organizations at the school district level** to monitor education policies, organize parents and others, and effectively challenge the teachers’ unions. **I am proud to say that the strategy works!**

The ousting of PUSD’s top DEI appointee did not happen coincidentally or in a vacuum. It shows that **we are strategically moving forward** in this ongoing culture war against illiberal forces and ideologies which are attacking America’s foundational values, parental rights and education. This success story in Poway Unified also mirrors our earlier [victory](https://www.nbcsandiego.com/news/local/san-dieguito-union-hs-district-superintendent-placed-on-leave-after-comments-about-asian-students/2927863/) in the San Dieguito Union High School District, where a DEI-crazed former superintendent was let go, partly due to our efforts to educate and organize local parents. **We have achieved two big wins in just two years and** **we are determined to continue on this upward trajectory**.

In PUSD, we will keep on cooperating with the local community and our partner PCW to monitor the school board’s investigation and the lawsuit to make sure the process is fair and transparent. **Throughout California, I will work with my CFER team to promote our strategy of building capacity from the ground up to win the culture war**. To this second point, I am honored to be invited to speak at an upcoming event hosted by CFER’s partner the California Policy Center (CPC) to discuss our experience and strategy in CFER’s advocacy work. Held in Sacramento between March 12 and March 13, **CPC’s “Parents, Not Partisans” 2024 summit** will be a highly informative convention of experts, advocates and parents. You can RSVP for the event [here](https://www.eventbrite.com/e/parents-not-partisans-2024-summit-who-controls-the-classroom-tickets-778016617647?aff=oddtdtcreator).

I hope the victory in the PUSD gives you hope and encouragement as we press forward. If you are ready to start organizing in your local school district, reply to this email so that we can discuss how to help you. If you believe in CFER’s strategy and our delivery, please **help us expand our impact and reach with a kind [donation](https://www.cferfoundation.org/support) today!**

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Another Victory! DEI Hire Poway Unified Superintendent Placed on Administrative Leave

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