Monday, November 28, 2016

Case of the Day: Gingery v. City of Glendale, 2016 Cal. App. Unpub. LEXIS 8375 (Cal. App. 2d Dist. Nov. 23, 2016)

Plaintiffs are Japanese Americans who claimed the Comfort Women memorial statue in Glendale violated the executive's foreign policy power and denied them Equal Protection. The court found that the city was engaged in free speech and struck the complaint.
The plaintiffs further complained that the trial court actually visited the monument, and also referred to a similar monument concerning the Ukrainian massacre. The court found that they are not indications of court bias.
The procedural posture of this case is a confusing one. Earlier this year there was a 9th Circuit case that dismissed the claim, so why is there a California appellate court case also?
At any rate, the plaintiffs have not been doing themselves any favor by litigating this case incessantly. The appellate court's plainly quoting the trial court is revealing to the world just what kind of vile argument the plaintiffs are raising.

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