Judge Loretta Giorgi of the Superior Court in San Francisco ruled against the SFMGMBill.org ballot initiative as was expected from her tentative ruling the day before. In addition, she ruled that the Doctors Opposing Circumcision Amicus Curiae brief was untimely and therefore would not be considered.
Outside, a protest was organized by Jonathon Conte and other Bay Area Intactivists to show support for Lloyd Schofield, the proponent of the measure. Two filmmakers and a host of media people were there to document the event.
Above: Lloyd Schofield speaks to the press after the hearing [Lloyd speaks at the 5:23 mark].
The text of the judge’s tentative ruling which becomes final barring a Notice of Appeal is below.
Case Number: CPF11511370
Case Title: JEWISH COMMUNITY RELATIONS COUNCIL OF SAN et al VS. JOHN ARNTZ, IN HIS OFFICIAL CAPACITY AS DIRECTOR et al
Court Date: Jul-28-2011 09:30 AM
Calendar Matter: Notice Of Motion And Motion To Grant Writ Of Mandate And Injuinctive Relief; Compilation
Rulings: Set for hearing on Thursday, July 28, 2011, line 8, PETITIONERS JEWISH COMMUNITY RELATIONS COUNCIL OF SAN FRANCISCO, THE PENINSULA, MARIN, SONOMA, ALAMEDA AND CONTRA COSTA COUNTIES, THE ANTI-DEFAMATION LEAGUE, JEREMY BENJAMIN, JENNY BENJAMIN, LEO FUCHS, JONATHAN JAFFE, YAEL FRENKEL-JAFFE, SHEILA BARI, LETICIA PREZA, KASHIF ABDULLAH, BRIAN MCBETH, ERIC TABAS, Motion To Grant Writ Of Mandate And Injunctive Relief. The Court finds that the proposed ballot Initiative is expressly preempted by California Business and Professions §460(b). The evidence presented is overwhelmingly persuasive that circumcision is a widely practiced medical procedure. California Business and Professions Code §460 (b) applies to medical services provided by a wide range of health care professionals. The statute speaks directly to the issue of local regulation of medical procedures and leaves no room for localities to regulate in this area. In fact, the legislative history of §460(b) confirms that the legislature intended to prevent cities and counties from regulating medical services which is a matter statewide concern. Because the proposed ballot initiative attempts to regulate a medical procedure, the proposed ordinance is expressly preempted. Moreover, it serves no legitimate purpose to allow a measure whose invalidity can be determined as a matter of law to remain on the ballot after such a ruling has been made. City of San Diego v. Dunkl, (2001) 86 Cal.App.4th 384, 389 Accordingly, the Court issues a Writ of Mandate Ordering the Director of Elections for the City and County of San Francisco to remove the measure from the ballot in its entirety. The applications to file a brief as amicus curiae, to file a brief in excess of the maximum number of pages, and for pro hac vice admission by the Doctors Opposing Circumcision are denied. These motions were filed two days before hearing and courtesy copies were not provided until the day before hearing, which is extremely untimely.