Amidst constant news coverage on international conflicts as well as deep cultural and political divides, we all need some good news. Fortunately, CFER is the bearer of good news today. Last week, we scored two significant victories in our  [legal advocacy](https://www.cferfoundation.org/legal)  operations.

First and foremost,  **the Alameda County Board of Supervisors voted on July 23 to repeal two race-based public contracting programs challenged by CFER**  **and co-plaintiffs**  in  [_CFER et al. v. County of Alameda et al_](https://pacificlegal.org/wp-content/uploads/2022/07/FILED-CFER-Complaint.pdf). Our case, represented by the Pacific Legal Foundation (PLF), has prompted a progressive local government to cease their programs of racial set asides!

Second and on the same day,  **a San Francisco city official** [**confirmed**](https://californiaglobe.com/fr/san-franciscos-guaranteed-income-programs-for-trans-people-to-end/) **that the Guaranteed Income for Trans People (GIFT) program would be discontinued, citing budget constraints and legal pressure**. The GIFT program, which gave guaranteed income to 55 low-income transgender residents for the last 18 months, was one of the three discriminatory welfare programs we are challenging in  [_CFER et al. v. City and County of San Francisco et al_](https://media.graphassets.com/02LNdMEySkSAdFz88cqC).

**The wheels of justice turn slowly. Although a meritorious case on face value, our Alameda lawsuit was a two-year, assiduous undertaking**. Filed in July 2022, the case was lost in the trial court in January 2023, when an unfavorable ruling granted the defendants motion for judgement holding that the claims we are seeking are time-barred. Thanks to PLF attorneys Mr. Jack Brown and Mr. Wilson Freeman who fought back for us at the First Appellate District Court of the State of California, we secured a decisive victory in March when the trial court’s unfavorable ruling was reversed. It took another four months for the case to proceed through the court system before this final victory.

Similarly, CFER’s case against race-/sex-/gender-based welfare programs in San Francisco has met many challenges in the court system and beyond. While our legal counsel – the American Civil Rights Project – filed the lawsuit on our behalf in May 2023, an amended filing had to be submitted in December. CFER, our co-plaintiffs and I have been subjected to relentless email and social media trolling, including  [attacks](https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.sfchronicle.com/opinion/nualabishari/article/california-sf-project-2025-trump-19568278.php&ved=2ahUKEwjZxoXF9cyHAxWzGtAFHSRcEpoQxfQBKAB6BAgIEAE&usg=AOvVaw0NHGrj73Y6k9PZaHvVfgg8)  from the media.

**To say these two victories are hard-fought is an understatement.** We are grateful to the Pacific Legal Foundation and the American Civil Rights Project for representing CFER and fighting for equal justice. The government should not expend government resources and public funds on divisive and unconstitutional programs and expect to get away with it. But without proactive monitoring and legal actions, public agencies that discriminate will not face any consequence.  **Most importantly, we can’t win and continue to win without your ongoing support!**

We hope you find these two important victories encouraging. Policy monitoring, legal advocacy and grassroots organizing are all indispensable parts in making these victories possible. And we are just getting started. CFER is a faithful watchdog and we are eager to advance equal rights in the court of law.  **We are fighting at the forefront to safeguard equality and merit, consistently, impactfully and professionally**.  Please consider supporting CFER’s work with a kind  [donation](https://www.cferfoundation.org/support)  today.

We also want to invite you to continue to engage with us, be our eyes and ears on the ground, and alert us to instances of unlawful discrimination. We are dedicated, fast and consistent.

PLF attorneys, including Mr. Jack Brown, will speak at CFER’s upcoming conference. To hear from him and other inspiring speakers, **please** [**register**](https://www.cferfoundation.org/conference/register/2024) **today for our annual event in Irvine (Orange County) on August 10 and 11!**

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The wheels of justice turn slowly, but grind exceedingly fine! Two victories in CFER’s legal battles for equality

The iconic picture of Former President Trump rallying people to fight, only seconds after nearly losing his life to a failed assassination attempt, is a somber reminder for everyone of us. It is a reminder about the saying - "Freedom is NOT free,” and what it truly means. 

Like all other Americans, I wish President Trump a speedy recovery and pray for the peace and comfort for the families of Corey Comperatore and those injured at last Saturday’s rally. More importantly, I am deeply moved by President Trump’s courage and the spirit of fighting for our country he gallantly embodied. No matter what your political opinions are, as long as you are fighting for the U.S.A. from the bottom of your heart with the kind of courage demonstrated by President Trump, you have my respect. 

Our country needs you more than ever in this perilous environment of political division and intolerance where life and safety are threatened. 

Coming from China originally, I, like many others, was conditioned and coerced not to speak up. Its focus on economic development may have earned China a second place in the world economy. But there, I witnessed insurmountable injustices and dared not to speak up. The consequences of silence are real in a sense that more and more Chinese citizens are suffering persecution with persistent poverty and systemic restrictions on their liberties, especially now that China is quickly regressing to the Mao-era authoritarianism. My heart is saddened for people there; I also have an unshakable sense of guilt because I didn't have the courage to speak up for them. 

As an American, I am more determined than ever to shake off cowardice and complacency in my adopted home! We need to work hard to stop the division caused by the illiberal ideology of race-baiting identity politics which inevitably leads to discrimination and constitutional violations. Every one must be treated equally and fairly, which is the only way to unite we, the people. We need to work hard to stop the damages caused by the dogma of Diversity, Equity and Inclusion (DEI). The failure of the United States Secret Services abundantly illustrates how DEI compromises job competence. We can find a plethora of examples from Boeing, Twitter before the takeover and more. 

Among the areas infested with and afflicted by the ideology, public education has been hit the hardest. More courageous fighters are needed to fight at local school district level to shield our future generations from far-left radicalism, model for them truth seeking, courage, critical thinking and so on. 


CFER is willing to support all who have the courage to fight from the school district level and up. Please contact us so that we can work out a plan together to start your local organization and FIGHT! [Join CFER in our upcoming conference to learn more](https://www.cferfoundation.org/conference/register/2024) about our strategy, inspiring stories and how we can fight together. You can also [attend](https://events.familypolicyfoundation.com/SoConCon2024) the 2024 Social Conservative Policy Conference in Washington, D.C. during July 23 and 26 to hear from our allies including Parents Defending Education on the strategy. Dr. Wenyuan Wu of CFER will also [present](https://events.familypolicyfoundation.com/SoConCon2024#/speakers?lang=en) at the conference.

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Freedom is NOT free. We need to be more courageous than ever!

[**ACA7**](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240ACA7)**, the legislative proposal to work around and effectively handicap Prop. 209, is not going to get on this year’s general election ballot**!

June 27th was the last day for a legislative measure to qualify for the November 5th, 20-2024 general election ballot. Since the California State Senate has not scheduled any committee hearing for ACA7, we can conclude that the proposal is not headed towards the ballot this year.

With a Democratic supermajority in Sacramento and the state assembly’s strong push to revive racial discrimination through ACA7, this development is certainly a pleasant surprise. By contrast, [**ACA8**](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240ACA8) **-** another priority legislation for the Legislative Black Caucus under the scheme of “reparations” and introduced at around the same time as ACA7**, has been sailing smoothly without strong organized opposition** and is anticipated to get on the ballot. **Diligence, persistence and resistance are paying off.**

**CFER took on the task to educate Californians about the proposal, while CFER leaders, in their individual and volunteer capacity, played an instrumental role in the success**.

In June 2023, CFER [blew the whistle on ACA7](https://www.cferfoundation.org/posts/ACA7_expose_June_2023), after being alerted to it by our friends at the [California Family Council](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=2fe2fc717f&e=0111f1f5cd). We continuously monitored all the committee hearings in the California Assembly, sent various action alerts and greatly raised public awareness on the important issue of equal rights in California.

More importantly, CFER team members have volunteered time and efforts for the “No on ACA7” [campaign](https://www.noonaca7.org/), which is triumphant in sparing the California electorate from having to vote on government-sponsored discrimination again. **Professor Gail Heriot, veteran co-chair of the Prop. 209 campaign and CFER’s Executive Vice President, took the lead and chaired the “No on ACA7” campaign**. In the past six months, Gail worked tirelessly to lobby all state senators with poignant arguments against ACA7. She led all the zoom calls and in-person meetings with senators and their staffers, participated in most of the No on ACA7 rallies and wrote a number of excellent [essays](https://www.city-journal.org/article/california-legislators-trying-to-gut-proposition-209-again) on the topic. Her true leadership and service inspired many of us to follow in her steps. In the victory statement, Gail wrote:

**“This is a big win for us. And this is a win for all Californians.”**

Many partner organizations, including the Center for Equal Opportunity, Pacific Legal Foundation, Equal Rights for All Pac, Parents Defending Education Action, National Association of Scholars, San Diego Asian Americans for Equality and Silicon Valley Chinese Association Foundation, joined CFER in the “No on ACA7” coalition. Check out the complete list for our coalition [here](https://www.noonaca7.org/coalition).

Certainly, averting another attempt to legalize discrimination takes more than a short-term campaign. It is the culmination of **longstanding efforts, including those undertaken by CFER, to monitor pertinent policy developments, build public awareness, mount legal challenges and educate the voters.**

At the upcoming CFER conference  “[**Defending the City upon a Hill: Promoting Equality, Merit and Free Speech**](https://www.cferfoundation.org/conference/2024)” in August, Gail and CFER President Frank Xu will discuss the past and present of defending Prop. 209, with a focus on ACA7. CFER Executive Director Dr. Wenyuan Wu will moderate the panel. If you have not done it yet, [register today](https://www.cferfoundation.org/conference/register/2024) for our annual event!

While Californians don’t have to decide on ACA7 in this November, the measure is still likely to be put on a subsequent ballot in 2026 or even earlier with a special election. On 6/14, ACA7 was assigned to the Senate Judiciary Committee and remains there for the time being. We will continue to monitor its status changes in the state senate and keep you updated. **We will also closely monitor other race-based bills such as ACA8 and organize educational efforts to inform voters.**

**CFER made a critical contribution to making this important win a reality.** We are proactively safeguarding the precious principle of equal protection for all Californians. Can you please donate to CFER to continuously support our indispensable work? We could have not made it this far without your financial support!

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A Big Win! Race-preferential ACA7 Will Stay Off the November General Election Ballot

You may recall CFER’s [legislative alert](https://us10.campaign-archive.com/?u=b78c84756813bc7a3a38500a0&id=f53156f705) in April, which summarizes a list of problematic state bills introduced earlier this year. These bills promote preferential treatment, ideological inculcation and identity politics at the expense of equality and merit. On the list was [AB 2030](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2030), a proposal for preferential treatment in state contracts favoring “an LGBT business enterprise, a minority business enterprise, or a women business enterprise.” Surprisingly, the bill was authored by a Republican lawmaker.

We are happy to report that AB 2030 is now “[held under submission](https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240AB2030)” after failing to clear the Assembly Appropriations Committee on May 16. While the status change does not prelude the bill from being set for a future hearing, it means that the author has indicated a change of mind and that AB 2030 will most likely be stopped at the committee level. **Alas, another divisive, race-obsessed, and identity-based piece of legislation bites the dust!**

Thankfully, Assemblywoman Laurie Davies has chosen to be on the right side of the issue and aborted the plan to advance the unwise proposal. It is also important to note that **AB 2030’s failure did not happen in a vacuum, but as a result of teamwork, proactive policy monitoring and awareness building.**

In late February, the California Family Council (CFC) alerted CFER to AB 2030 and started a campaign to urge voters to oppose it. Thanks to CFC’s timely alert, CFER quickly [contacted](https://strapi-cfer.nyc3.digitaloceanspaces.com/080f67c0a82647cf956c5bcbcae2fa35.pdf) the bill author with a request for withdrawing the bill and submitted a strong [position letter](https://strapi-cfer.nyc3.digitaloceanspaces.com/62728352c0b9da046dc12ef1b6ce2364.pdf). We also broke the news to our allies and partner organizations, among whom the Pacific Legal Foundation also signaled its opposition against the bill. Many friends of CFER, like yourself, took your action and contacted state lawmakers to voice your concern. Under the pressure from multiple organizations and stakeholders, the bill author eventually decided against pushing AB 2030 forward.

Along with our friends, we are taking on the entrenched norms of racial spoils, identity politics and political favoritism in progressive California, one step at a time!** I hope you find this development encouraging.

At the same time, we are cognizant of the fact that **a multitude of challenges are still ahead.** After all, the California Legislature is still determined to advance a plethora of reparations-themed bills. In the sphere of public education, the University of California is now reconsidering a proposal to add liberated ethnic studies to its A-G undergraduate admissions requirements. You can read more about these issues in two recent essays by CFER Executive Director Dr. Wenyuan Wu on reparations ([here](https://www.ocregister.com/2024/05/05/sacramento-inches-closer-to-implementing-reparations/)) and the ethnic studies movement ([here](https://www.theepochtimes.com/opinion/the-snake-swallows-the-elephant-ethnic-studies-hijacks-education-5653694)). **CFER will continue to monitor these developments and keep you updated.**

On **June 2 (5-8 pm)**, CFER Advisor Eli Steele and his team will host a [special screening](https://www.eventbrite.com/e/killing-america-can-the-nations-schools-be-saved-tickets-900845893317?aff=ebdsoporgprofile) of his latest documentary “[Killing America: Can the Nation’s Schools be Saved?](https://youtu.be/WLIo_InBNDs)” in San Diego at the Randy School of Management (**10065 Scholars Drive North San Diego, CA 92093).** This is an important film that juxtaposes the Woke Triangle of dumbing-down, indoctrination and antisemitism. You can read more about this must-watch documentary in Dr. Wu's OPEDs [here](https://californiaglobe.com/fr/killing-america-juxtaposes-woke-triangle-dumbing-down-indoctrination-antisemitism/) and [here](https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.theepochtimes.com/cai/killing-america-documentary-unmasks-wokeisms-trifecta-of-indoctrination-dumbing-down-and-discrimination-5603080&ved=2ahUKEwihlOTpz6GGAxU8TDABHfi0CE4QFnoECA8QAQ&usg=AOvVaw3uQvByCuVZSoFoDoLwyr_s). And **if you are in San Diego, get your ticket to the screening** [**here**](https://www.eventbrite.com/e/killing-america-can-the-nations-schools-be-saved-tickets-900845893317?aff=ebdsoporgprofile) **before the seats are sold out!** If you trust in our track record as a vanguard against discrimination and indoctrination, will you support CFER with a generous [donation](https://www.cferfoundation.org/support) today?

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Another Small Victory! A Race-Preferential Bill Got Paused in the California Legislature

11 months after Poway Unified Superintendent Marian Phelps abused her power to harasses Del Norte High School softball team players, the Poway Unified School District Board (PUSD) held a special board meeting earlier today and **eventually** [](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=fb7281e8fb&e=0111f1f5cd) **[terminate](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=5d778755c4&e=0111f1f5cd)**[**d**](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=cea8de84f9&e=0111f1f5cd) **her, effectively immediately**.  
  
This is **an important victory for educational accountability and transparency**, as the PUSD Board finally considered the community’s rightful outrage and weighed all evidence in its independent investigation into the former superintendent’s wrongdoing. Thanks to **[proactive organizing](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=d07cc9d2e5&e=0111f1f5cd) and [legal pressure](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=6620b24664&e=0111f1f5cd) mounted by local parents and community members**, the board was forced to start **its independent investigation in November 2023 after initially dismissing an administrative complaint filed by the victims to cover up her bad conduct**. While the PUSD Board had refused to take into account evidence against Dr. Phelps and called it “[misinformation](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=b15adc92cd&e=0111f1f5cd)” at the beginning, the board trustees could no longer ignore the facts. They finally had to acknowledge:  
  
_“The investigation brought to light previously unknown evidence from witnesses with direct firsthand knowledge, that contradicted Dr. Phelps' statements and assertions to the Board, District staff, and the public.”_  
  
The evidence was “unknown” to those board trustees only because they were unwilling to listen to the other side of the story and blindly trusted Phelps. When there is a conflict between the students and the school district employees, these board trustees failed their job to represent parents and students. Instead, they hid behind the so-called “TEAM PUSD” banner to protect the Superintendent whose conduct they were supposed to supervise proactively.  
  
While every community is different, we believe that you may face similar challenges and issues in your local school district. Perhaps, your school board trustees don’t necessarily represent your interest or respect your concerns. **Only when enough local community members become involved and get organized that public education will be safeguarded and improved.** We encourage you to start today in your community!  
  
As a PUSD resident, CFER President Frank Xu spoke up at today’s special board meeting, urging the Board to take swift action, just like he did at PUSD’s board meetings on [11/9/2023](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=1d5dac12c1&e=0111f1f5cd), [11/15/2023](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=ed7b20841c&e=0111f1f5cd), [12/14/2023](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=733fc46549&e=0111f1f5cd) (and [again](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=3fa8d2bae1&e=0111f1f5cd) at the same meeting), and [1/18/2024](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=8fdbe6ffc3&e=0111f1f5cd). That’s because he and CFER firmly believe in local organizing as the only way to get school districts and public education back on the right track. And we hope you are encouraged by this latest development from the PUSD today!  
  
Please do not hesitate to contact CFER if you are ready to commit to organizing in your local school district. We have a recipe for success to share with you. As always, we hope you will consider [supporting](https://cferfoundation.us10.list-manage.com/track/click?u=b78c84756813bc7a3a38500a0&id=14003724b2&e=0111f1f5cd) CFER’s work today!  
  
Thank you!

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Breaking News and Long Overdue! Poway Unified Superintendent Phelps is Terminated Today

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]

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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

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