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San Clemente Times December 8-14, 2022
In a legal battle against the California State Law Enforcement Association over the required payment of union dues, local state lifeguards, including some from San Clemente, are asking the Supreme Court to hear their case. Photo: Breeana Greenberg
State Lifeguards Appeal Case Against Law Enforcement Union to U.S. Supreme Court
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BY C. JAYDEN SMITH
State lifeguards who filed a class action lawsuit alleging that they’ve been forced to pay union dues against their will are turning to the United States Supreme Court as their last recourse, after the Ninth Circuit Court of Appeals recently upheld a previous ruling that found the plaintiffs “failed to state a plausible claim.”
As part of their lawsuit against the California Statewide Law Enforcement Association (CSLEA) and various state officials, the lifeguards filed a petition for a writ of certiorari on Sept. 6 for the Supreme Court to hear their appeal.
The respondents in the case, which include CSLEA, California State Controller Betty Yee and Attorney General Rob Bonta, currently have until Jan. 3 to respond to the petition.
Developments since the petition for appeal have encouraged the plaintiffs that their case might be granted an audience in front of the highest court in the country.
“The Court requested a response from the CSLEA union and the California (Attorney General) and Controller, a possible sign of interest in hearing the case,” Jacob Comello said in an email to San Clemente Times.
Comello is a media coordinator for the National Right to Work (NRTW) Legal Defense Foundation, a nonprofit providing free legal aid to workers—such as the lifeguards—whose civil rights may have been “violated by compulsory unionism abuses.”
According to Comello, the soonest possible decision date for the Supreme Court is Feb. 17, 2023, which is when the case will be sent to conference.
Back in September 2019, the 21 lifeguards—including some from San Clemente—indicated their desire to resign from CSLEA union membership and end authorizations to pay union dues. Allegedly, union officials denied the requests and stated the lifeguards must remain full members until 2023 or be fired, under the state law’s “maintenance of membership” requirement.
Most recently, the Ninth Circuit denied the group’s petition for all judges on the court to rehear the case on June 8.
A panel of the court previously upheld a lower ruling that stated the lifeguards did not present a plausible claim.
In contrast, the group claims it did not agree to remain members of the union during its collective bargaining agreement, and that any compulsory payments of union speech after July 2019 went against the Supreme Court’s 2018 ruling in Janus v. AFSCME.
Furthering the lifeguards’ argument for the Court to grant certiorari, their petition claimed that maintenance of membership requirements contradicted First Amendment rights by forcing employees to subsidize union speech.
In a media release from National Right to Work, the organization argued that the Ninth Circuit didn’t apply the court’s “waiver” test to the requirement by finding a clear and compelling waiver of Janus rights.
Instead, NRTW stated, the panel abided by “a vague reference” in CSLEA’s Unit 7 contract to wrongfully determine the lifeguards consented to remain union members for years.
NRTW President Mark Mix said the Ninth Circuit’s actions gave union officials complete control over public employees exercising their rights to end their membership and payments, and that the Supreme Court needed to intervene.
“That erases not only the protections against all forced dues payments provided by Janus, but even older rulings that forbade union officials from forcing full union membership and payment for union political activities on public workers,” Mix said in the release.
Regarding the case, Alaska Attorney General Treg Taylor wrote an amicus curiae brief on behalf of his state, as well as 11 more including Kansas and Utah.
Taylor wrote that the Janus ruling has been ignored, in that numerous unions nationwide have attempted to compel state employees to subsidize their speech.
He also argued that union members have the same constitutional rights as nonmembers to receive protections as nonconsenting employees under Janus, and the Ninth Circuit has contradicted other states’ broad interpretation of the landmark case. COMMUNITY MEETINGS
SATURDAY, DEC. 10 City Tree Policy Update 10 a.m.-noon. City staff are encouraging community input as San Clemente is working with consultant West Coast Arborists to update the 20-year-old tree policy. The policy, which will incorporate tree management standards and best practices, as well as future goals such as planting programs, will be presented to the City Council for approval once revised. Direct questions to Maintenance Manager Randy Little at littler@san-clemente.org. Council Chambers at City Hall, 910 Calle Negocio, San Clemente.
TUESDAY, DEC. 13 Human Affairs Committee 3:30-5:30 p.m. The city’s Human Affairs Committee will conduct its regularly scheduled meeting at San Clemente City Hall, at 910 Calle Negocio. 949.361.8200. san-clemente.org.
Beaches, Parks & Recreation Commission 6-9 p.m. The city’s Beaches, Parks & Recreation Commission will conduct its regularly scheduled meeting at San Clemente City Hall, at 910 Calle Negocio. 949.361.8200. san-clemente.org.
WEDNESDAY, DEC. 14 Design Review Subcommittee 3-5 p.m. The city’s Design Review Subcommittee will conduct its regularly scheduled meeting at San Clemente City Hall, at 910 Calle Negocio. 949.361.8200. san-clemente.org.
CUSD Board of Trustees 7 p.m. The Capistrano Unified School District Board of Trustees will hold a scheduled meeting open to the public to discuss and decide on local educational matters. CUSD Board Room, 33122 Valle Road, San Juan Capistrano. capousd.org.
“(The states’ opinions) also reflect differing legal views on a profound constitutional question of exceptional importance to both States and public employees,” wrote Taylor. “These opinions are right, and the Ninth Circuit’s is wrong.”
Other parties with an interest in protecting persons from malicious union actions and limitations on First Amendment rights, such as The Fairness Center and the Protect the First Foundation, respectively, have filed their own briefs.
Local Family Looks to Fund Clinical Study to Determine Effects of Alternative Seizure Treatment
BY C. JAYDEN SMITH
After struggling for years to find a solution to reduce their daughter’s epileptic seizures, the Boylan family is working to fund a clinical study that would inform whether Lion’s Mane and Reishi mushrooms are a viable supplement.
Sarah-Kate Boylan, along with her husband, Todd Boylan, of Capistrano Beach launched Lily’s Lighthouse this past May to help other families and people living with epilepsy find their own alternative solution.
More than eight years of research, along with trial and error, led the Boylans to non-psychedelic medicinal mushrooms that have given their 8-year-old daughter, Lily, significant seizure control.
At 5 weeks old, Lily was diagnosed with intractable epilepsy. Treatment couldn’t completely control her seizures.
“Everything we tried to do really didn’t work for her,” Sarah-Kate told San Clemente Times.
The family tried various medicines, CBD, and other methods to limit the multiple seizures Lily suffered each day, sometimes as many as 50. She further explained that the affliction delayed Lily’s ability to develop, speak, and use her body.
The Boylans, which included Lily’s two younger siblings, were crushed and devastated by the situation that had struck a family without a history of epilepsy, according to Sarah-Kate.
The family would later find success with Lion’s Mane and Reishi mushrooms—which have been linked to improving brain function, reducing anxiety and depression, and use for cold sores, though through limited research.
Sarah-Kate said the mushrooms were first tested on adults, including herself and Todd, before they allowed Lily to try some. If Lily felt the same positive effects that Sarah-Kate and Todd did, they would be confident in the mushrooms’ ability to improve Lily’s quality of life and make learning easier.
“Right away, she went nine weeks seizure-free, so you can imagine how that felt for us,” said Sarah-Kate. “We had never been in a position where Lily had had seizure-free weeks, let alone months.”
The family was equally elated and nervous regarding whether they had found a permanent solution but have found general success, apart from continuously learning what environmental factors such as food can be triggers.
“It’s improved our lives, and we just feel very grateful and blessed and (very healed) in a way from the trauma we’ve gone through with Lily,” Sarah-Kate said.
Now in a position to help others, Lily’s Lighthouse has heard from families and groups across the country and beyond who have sought advice on using the medicinal mushrooms for their loved ones.
Sarah-Kate serves as the organization’s CEO and “do-everything” official. Todd, a contractual lawyer, serves as president, and they have added staffers for accounting, marketing, and consulting regarding the medical aspects of the solution.
Given that at least 3.4 million Americans had active epilepsy as of 2017 and that cases are on the rise, according to the Centers for Disease Control and Prevention, the family felt an obligation to spread their story and vision of better treatment options for all.
“We couldn’t sit on this information,” said Boylan. “We felt we needed to really push, we needed to fundraise and get it into clinical study.”
Lily’s Lighthouse is not full of medical professionals providing official advice on what families should do, Sarah-Kate acknowledged. However, she cited her research capabilities that support the information on the organization’s website for people to view and compare, as a former law enforcement officer for the Australian government with training as an intelligence analyst.
The Boylan family’s end goal to establish medicinal mushrooms as an epileptic remedy mirrors the efforts of the Figi family, who found massive success in treating their daughter’s seizures with CBD oil around the early 2010s.
The next steps in that process include fundraising and finding a partner to conduct a clinical study. Sarah-Kate said multiple institutions have already approached the family and that she is working on interviewing scientists, maintaining a cautious desire to work with the “right people.”
She also said this about the organization’s current position: “Once we partner with that person, or that institution, then we’ll be able to bring our clinical study professional in from the board who will help us, obviously, make sure that (the study) is running the right way and all the processes have been put in place in the correct manner.”
Though starting a nonprofit has been challenging, Sarah-Kate said it was “life-changing” to hear positive feedback from people who have connected with Lily’s Lighthouse and swapped their stories and medicinal successes with the Boylans’ experience.
She added that the results from the organization’s first six months have made all the arduous work worthwhile.
“I want to know, what is it in the mushrooms that (are) actually working?” Sarah-Kate said, adding: “I don’t know. That’s why the study is so important.”
The first major opportunity to raise funds comes on Sunday, Dec. 11, with the “Santa Dash & Dance” from 3-8 p.m. Adult participants will meet for a run along San Clemente Beach Trail dressed in Christmas attire, starting at Parque Del Mar and ending near the North Beach train station, followed by an afterparty at Landers.
Sarah-Kate said she thought including Santa’s name in the event would provide a visual representation of gifting children joy, and that the space at Landers’ disposal could provide room for growth in the future if the event became annual.
In addition to raising money for an eventual study, she also hopes to be able to provide grants for children in the form of seizure-alert service dogs, which can be expensive.
Working with Landers manager Daniel Thompson for the event has been amazing, according to Sarah-Kate, who expressed gratitude for the restaurant’s support.
“I had never met (Thompson) before, ever; I just asked him to meet with me,” she said. “We talked and laughed and cried for like an hour and a half. He was so overwhelmed about what we were doing, and he was straightaway on board.”
Thompson told SC Times that Landers’ management likes to hold events and be involved with local groups such as the San Clemente High School cheerleading team. Sarah-Kate’s infectious energy during their meeting also was a factor.
“Hearing about Lily’s story, it was a no-brainer,” said Thompson. “We have a perfect venue with the outside and inside (space).”
Sarah-Kate added that Mayor Gene James and city staff were supportive of the event, which belied what she said she had heard from people in terms of organizing a private run in San Clemente.
“I’ve never been one to just take what other people say,” said Sarah-Kate. “I was brought up in Australia. We have a go-getter attitude and just because someone says you can’t, doesn’t mean you shouldn’t try.”
The “Santa Dash & Dance” will feature live entertainment, a barbecue buffet
Named after 8-year-old Lily Boylan of San Clemente (pictured here), who suffers from epilepsy, Lily’s Lighthouse was established this past May by Sarah-Kate and Todd Boylan to help other families and people living with epilepsy find their own alternative solution. Photo: Courtesy of the Boylan Family (Cont. from page 3)
In San Juan Capistrano, John Campbell will be the new District 3 Councilmember after earning 49.55% (1,526) of the votes over the other two candidates—Paul Lopez and Cody Martin. Campbell is expected to be sworn into the local office on Tuesday, Dec. 13.
Michael Parham won Capistrano Unified School District’s Board of Trustees Area 2 race, garnering 10,179 (45.65%) votes and defeating opponent Kira Davis.
In CUSD’s Area 4 race, Gary Pritchard won against James Glantz and Darin Patel, earning 49.28% (9,812) of the votes. And in Area 7, incumbent Trustee Judy Bullockus defeated Jeannette Contreras with 54.28% (11,242) of the votes.
Breeana Greenberg, C. Jayden Smith and Shawn Raymundo contributed to this report.
Community Invited to Donate Gifts to Toys for Tots Program
BY SHAWN RAYMUNDO
The Exchange Club of San Clemente is asking the community to participate in this year’s Marine Corps Reserve Toys for Tots program, which is celebrating its 75th anniversary this holiday season.
Those interested in dropping off donated presents for children of service members stationed at Camp Pendleton have until Dec. 16 to contribute toys at any one of the Exchange Club’s collection boxes around the city.
Locations include the customer service center at the Outlets at San Clemente; the Dorothy Visser Senior Center; Fisherman’s Restaurant & Bar; the pro shop at Bella Collina San Clemente; and Los Patios Cocina Mexicana.
The gifts will be delivered to the children on Dec. 20.
For more information, contact Beth Apodaca at 949.498.3322.
and drinks at Landers, as well as a silent auction.
Visit lilyslighthouse.org for more information.
THURSDAY, DEC. 8
CASA ‘NUTCRACKER’
7-8 p.m. Performed by the Orange County Ballet Theater, the abridged version of the holiday classic The Nutcracker features choreography tailored to Casa Romantica’s Main Salon theater. The runtime is one hour and 20 minutes. Tickets are $40. Casa Romantica Cultural Center and Gardens, 415 Avenida Granada, San Clemente. 949.498.2139. casaromantica.org.
FRIDAY, DEC. 9
HOLIDAY HARBOR LIGHTS & SOCIAL MEDIA CONTEST
5-10 p.m. The Dana Point Harbor Partners is spreading seasonal cheer with the annual holiday light display that will illuminate the Harbor through Dec. 31. Themed light exhibits throughout the Harbor will include Candy Cane Lane, a “Merry Kiss Me” arch, lighted trees and much more. The Dana Point Harbor Partners also invites visitors to participate in the Holidays at the Harbor social media contest on Instagram through Dec. 22. Take a photo in front of one of the many light installations throughout the Harbor, tag @danapoint_Harbor on Instagram and use the hashtag #HolidaysattheHarbor. At the end of the campaign, one lucky winner will be chosen at random and awarded a special Dana Point Harbor package. Dana Point Harbor, 34571 Golden Lantern Street, Dana Point. danapointharbor.com.
7:30 p.m. Watch a live performance of the holiday classic A Christmas Carol at San Juan Capistrano’s local theater. Performances will run through Dec. 18. Camino Real Playhouse, 31776 El Camino Real, San Juan Capistrano. 949.489.8082. caminorealplayhouse.org.
7 p.m. The Dana Point Harbor Partners invites visitors to gather on the water to view all the boats participating in the parade, as well as the beautiful harbor scenery. The 47th annual boat parade will take place beginning at 7 p.m. on Friday, and at 6 p.m. on Saturday, Dec. 10, and Sunday, Dec. 11. The harbor’s fleet will join private boaters from all over Orange County as they decorate their boats, and everyone will vie for awards from Judges’ Choice to Best Use of Lights, as well as for cash prizes and gift certificates. Dana Point Harbor, 34675 Golden Lantern, Dana Point. 949.496.5794.
DANA POINT BOAT PARADE CRUISE
6:30-8 p.m. Join Capt. Dave’s Dana Point Dolphin & Whale Watching Safari aboard one of their catamarans to be a part of the Dana Point Boat Parade of Lights and enjoy the sights of decorated boats and holiday music filling the air. Tickets for the 90-minute cruise are $39 per person for all ages. Capt. Dave’s, 24440 Dana Point Harbor Drive, Dana Point. dolphinsafari.com. 949.488.2828.
SATURDAY, DEC. 10
SANTA PAWS
Noon-6 p.m. Bring your favorite furry friend to the Outlets at San Clemente to have their picture taken with Santa. The cost is $15 for one picture, and additional photos can be purchased for $10. Pictures will take place at Center Court under the “World’s Tallest Tree.” All proceeds benefit the animals at the San Clemente-Dana Point Animal Shelter. Outlets at San Clemente, 101 W. Avenida Vista Hermosa, San Clemente. petprojectfoundation.org.
