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1 C.D. Michel-SBN 144258 Anna M. Barvir-SBN 268728 2 Tiffany D. Cheuvront-SBN 317144 MICHEL & ASSOCIATES, P.C. 3 180 East Ocean Blvd., Suite 200 Long Beach, CA 90802 4 Telephone: (562) 216-4444 Fax: (562) 216-4445 5 Email: [email protected]

6 Attorneys for Plaintiffs B & L Productions, Inc., Barry Bardack, Ronald J. Diaz, Sr., John Dupree, Christopher Irick, Lawrence Walsh, Maximum Wholesale, Inc., 7 California Rifle & Pistol Association, Incorporated, South Bay Rod and Gun Club, Inc. 8 Donald Kilmer-SBN 179986 9 Law Offices of Donald Kilmer, APC 1645 Willow Street Suite 150 10 San Jose, CA 95125 Telephone: (408) 264-8489 11 Fax: (408) 264-8487 Email: [email protected] 12 Attorney for Plaintiff Second Amendment Foundation 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 15 B & L PRODUCTIONS, INC., d/b/a CASE NO: '19CV0134 CAB NLS 16 CROSSROADS OF THE WEST; BARRY BARDACK; RONALD J. COMPLAINT FOR MONETARY, 17 DIAZ, SR.; JOHN DUPREE; DECLARATORY & INJUNCTIVE CHRISTOPHER IRICK; LAWRENCE RELIEF; DEMAND FOR JURY 18 WALSH; MAXIMUM WHOLESALE, TRIAL INC., d/b/a AMMO BROS.; 19 CALIFORNIA RIFLE & PISTOL (1) VIOLATION OF 42 U.S.C. § 1983 ASSOCIATION, INCORPORATED; [FREE SPEECH-POLITICAL]; 20 SOUTH BAY ROD AND GUN CLUB, INC.; and SECOND (2) VIOLATION OF 42 U.S.C. § 1983 21 AMENDMENT FOUNDATION, [FREE SPEECH-MIXED POLITICAL/ COMMERCIAL]; 22 Plaintiffs, (3) VIOLATION OF 42 U.S.C. § 1983 23 v. [FREE SPEECH-COMMERCIAL];

24 22nd DISTRICT AGRICULTURAL (4) VIOLATION OF 42 U.S.C. § 1983 ASSOCIATION; STEVE [PRIOR RESTRAINT ON SPEECH]; 25 SHEWMAKER, PRESIDENT OF 22ND DISTRICT AGRICULTURAL (5) VIOLATION OF 42 U.S.C. § 1983 26 ASSOCIATION, in his official and [RIGHT TO ASSEMBLY]; individual capacity; RICHARD 27 VALDEZ, VICE PRESIDENT OF (6) VIOLATION OF 42 U.S.C. § 1983 22ND DISTRICT AGRICULTURAL [EQUAL PROTECTION]; 28 ASSOCIATION, in his official and 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 individual capacity; KAREN HILL (7) VIOLATION OF 42 U.S.C. § 1985 SECRETARY OF CALIFORNIA [CONSPIRACY TO VIOLATE CIVIL 2 DEPARTMENT OF FOOD & RIGHTS]. AGRICULTURE, in her official 3 capacity; DOES 1-50;

4 Defendants.

5 INTRODUCTION

6 1. Plaintiff B & L PRODUCTIONS, INC., d/b/a CROSSROADS OF THE

7 WEST (“Crossroads”) has operated popular, safe, heavily regulated, legal and 8 family-friendly gun show events as a business in California for over 30 years,

9 including at the Del Mar Fairgrounds (“Venue”).

10 2. Crossroads produces gun show events at the Venue where like-minded

11 individuals gather to engage in commerce related to, and necessary for, the lawfully

12 and regulated exercise of Second Amendment rights for themselves, their exhibitors,

13 their patrons, their customers, and the general public. This safe and regulated

14 marketplace promotes public safety, even for people who do not attend gun shows;

15 because it will have a tendency to reduce the unregulated transfer of firearms within

16 San Diego County. Furthermore, by providing a convenient forum for Californians

17 to exercise their right to acquire firearms locally, gun shows at the Venue will have

18 the tendency to discourage the sale and importation of firearms from other states

19 with less strict gun laws than California.

20 3. Crossroads and their co-plaintiffs also use the Venue to engage in First

21 Amendment activities that are both necessary and essential to the open, robust, and

22 lawful exercise of their Second Amendment rights. Discussions include (but are not 23 limited to): firearms, firearm technology, firearm safety, gun-politics, and gun-law

24 (both pending legislation and proper compliance with existing law.) Other topics 25 include: where to shoot, where and from whom to receive training, gun-lore, gun-

26 repair, gunsmithing, gun-art, and many other topics, that arise from the right to 27 acquire, own, possess, enjoy, and celebrate arms as a quintessentially American

28 2 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 artifact with Constitutional significance. Crossroads, its co-plaintiffs, attendees, and

2 vendor/exhibitors have the same right, privileges and immunities as any other lawful

3 activity/event that now uses the Venue.

4 4. Defendants are government actors who have discriminated against and

5 intend to discriminate in the future against Plaintiffs by denying them the same

6 access to this public space as other lawful businesses. This discrimination is based

7 on irrational public policies that are based on flawed reasoning and dubious

8 conclusions relating to gun show operations and gun shows’ impact on public safety.

9 The fantasy that Defendants must impose a moratorium while they “conduct a

10 study” is an admission that they currently have no reliable, valid, admissible

11 evidence that gun shows are a source of any public safety concerns.

12 5. This discrimination by Defendants is also based on viewpoint animus,

13 because Defendants do not agree with, and actively oppose the cultural values and

14 the messages conveyed by and promoted by Plaintiffs at gun shows. 15 6. This action seeks declaratory and injunctive relief against Defendants

16 for violations of the U.S. Constitution. This action also seeks damages against 17 Defendants for lost profits, lost opportunities, diminished marketing value, and

18 added expense of advertising to the general public. This action also seeks 19 reimbursement for the attorney fees, costs and other expenses in bringing this action.

20 The U.S. Constitutional rights abridged/infringed include but are not limited to: the 21 rights to free speech and assembly, the right to equal protection, the right to due

22 process, and privileges immunities enjoyed by all. Further, because Defendants 23 voted to ban Plaintiffs’ gun show events, by imposing a moratorium, at the Venue

24 (which they own or manage) pending an inchoate and pretextual “study” of gun 25 show events—the Defendants actions constitute prior restraint.

26 7. Plaintiffs California Rifle & Pistol Association, Inc., South Bay Rod 27 and Gun Club, Inc., Second Amendment Foundation, Inc., Barry Bardack, Ronald J.

28 Diaz, Sr., John Dupree, Christopher Irick, Lawrence Michael Walsh, and Maximum 3 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 Wholesale, Inc., attend and participate in the Crossroads gun show. They associate

2 with like-minded people, participate in public discussions, attend informational

3 forums, distribute and collect information, make offers for sale, make offers to buy,

4 and engage in the legal and political discussions related to the Second Amendment

5 which are all protected forms of speech protected by the First Amendment.

6 8. Defendants refuse to continue the longstanding relationship and annual

7 contracts or holding or securing dates that Crossroads has maintained for over 30

8 years.

9 9. Plaintiffs seek declaratory judgment from this Court to clarify that

10 Defendants’ actions against Plaintiffs are unconstitutional.

11 10. Plaintiffs seek an injunction to stop the moratorium against gun shows

12 at the Venue.

13 11. Plaintiffs Crossroads, California Rifle & Pistol Association,

14 Incorporated, South Bay Rod & Gun Club, Inc., Second Amendment Foundation, 15 Inc., Lawrence Walsh, and Maximum Wholesale seek damages from Defendants

16 Shewmaker and Valdez, in their individual capacity. Plaintiffs also seek recovery of 17 fees and costs.

18 12. In sum, Plaintiffs ask that the Court maintain the status quo and allow 19 Plaintiffs to continue their 30-year tradition of contracting for and holding gun

20 shows at this public Venue—until such time as Defendants can produce admissible, 21 clear and convincing evidence, to a jury, that a ban on gun shows at the Venue will

22 narrowly address a compelling government interest. 23 THE PARTIES

24 I. Plaintiffs 25 13. Plaintiff B & L PRODUCTIONS, INC., d/b/a CROSSROADS OF THE

26 WEST, is a for-profit event promoter operating in several western states. Crossroads 27 is in the business of promoting and organizing trade shows throughout the state of

28 California and other western states, including their long-running gun show events 4 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 held at the Del Mar Fairgrounds (“Venue”) operated under the d/b/a Crossroads of

2 the West (“Crossroads”). Crossroads currently is the largest vendor of gun show

3 events in California and at the Del Mar Fairgrounds. The gun shows occupy

4 thousands of square feet of the Venue. Typically, thousands of people attend the gun

5 show on each of the weekends they are held. They have successfully produced and

6 operated multiple safe, legal, and family friendly gun show events in California and

7 at the Venue every year for over 30 years.

8 14. Plaintiff BARRY BARDACK is a resident of El Cajon, California, and

9 a part-time flight instructor. He regularly attends the gun shows at the Del Mar

10 Fairgrounds where he purchases ammunition for his target shooting hobby and

11 volunteers at the CRPA booth to talk to others about their rights, the importance of

12 membership in the CRPA, and the Second Amendment. If the gun show is banned

13 from the Del Mar fairgrounds, he believes that his closest vendor for being able to

14 purchase his bulk ammunition would be two hours from his home. 15 15. Plaintiffs RONALD J. DIAZ, SR., is a resident of Alpine, California,

16 and is a retired federal contractor. He regularly attends gun shows at the Del Mar 17 Fairgrounds to purchase reloading supplies. If the gun show is banned from the Del

18 Mar Fairgrounds, he believes he would have to drive several hours to get to a vendor 19 that could offer him the expertise and variety available at the Crossroads gun shows.

20 Plaintiff Diaz also attends the Crossroads gun show events at the Del Mar 21 Fairgrounds to engage in expressive activities with like-minded people, including

22 discussions related to firearms, ammunition, and accessories, the shooting sports, 23 politics, and the Second Amendment.

24 16. Plaintiff JOHN DUPREE is a resident of Alpine, California, and works 25 for the federal government. He regularly attends the Crossroads gun shows at the

26 Del Mar Fairgrounds. He is a competitive shooter and has the need to purchase bulk 27 ammunition in order to compete. If the gun show is banned from the Del Mar

28 Fairgrounds, he would have to drive several hours in order to find a vendor that he 5 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 could purchase bulk ammunition from as there is not a resource like this near his

2 home. Plaintiff Dupree also attends the Crossroads gun-show events at the Del Mar

3 Fairgrounds to engage in expressive activities with like-minded people, including

4 discussions related to firearms, ammunition, and accessories, the shooting sports,

5 politics, and the Second Amendment.

6 17. Plaintiff CHRISTOPHER PAUL IRICK is a resident of Carlsbad,

7 California, and attends the Crossroads guns shows at the Del Mar Fairgrounds. He is

8 self-employed and enjoys going to the shows for good prices on firearms and

9 accessories, as well as the variety of merchandise available at the events. Plaintiff

10 Irick also attends the Crossroads gun-show events at the Del Mar Fairgrounds to

11 engage in expressive activities with like-minded people, who hunt and support the

12 Second Amendment while learning about new and innovative products available to

13 firearms owners and sportsmen.

14 18. Plaintiff LAWRENCE MICHAEL WALSH is the owner of Wholesale 15 Ammunition and is a regular vendor at the Crossroads gun shows at the Del Mar

16 Fairgrounds. His business currently does not have a physical store as they only sell 17 their product at gun shows across the state. Mr. Walsh’s business also supplies

18 ammunition to many of the law enforcement agencies and officers in the state , some 19 of which purchase their ammunition from him at the gun shows because of the

20 amount available, the cost, and the variety they can find. Mr. Walsh enjoys being 21 able to talk with other Second Amendment supporters with like interests and views.

22 If the gun shows at the Del Mar Fairgrounds, or any of the other state venues, were 23 to be shut down, it would be devastating to Mr. Walsh’s business and his ability to

24 reach a large number of people would be greatly diminished. 25 19. Plaintiff MAXIMUM WHOLESALE, INC., d/b/a AMMO BROS., is a

26 for-profit corporation that was founded in 2002 in Cerritos, California. In 2009, their 27 second location opened in Ontario, California. And in 2015, the company opened

28 two more locations in southern California. Ammo Bros. is known for selling 6 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 firearms and ammunition to individuals and police departments. In 2016, they

2 opened a San Diego location, serving those stationed at Miramar Air Base and the

3 surrounding communities. Ammo Bros. regularly attends the Crossroads gun shows

4 at the Del Mar Fairgrounds as a vendor, selling firearms, ammunition, and related

5 merchandise.

6 20. Plaintiff CALIFORNIA RIFLE & PISTOL ASSOCIATION,

7 INCORPORATED (“CRPA”) is a nonprofit membership organization incorporated

8 under the laws of California, with headquarters in Fullerton, California. Among its

9 other activities, CRPA works to preserve and expand constitutional and statutory

10 rights of gun ownership, including the right to self-defense and the right to keep and

11 bear arms. CRPA accomplishes this through their many educational offerings,

12 publications, member engagement events, support of legislation, and legislative

13 initiatives. CRPA has tens of thousands of members and supporters, many of whom

14 (including Plaintiff Bardack) reside in San Diego County. Their members are 15 firearm retailers, sportsmen, hunters, junior and youth competitors, Olympians,

16 police officers, professionals, and loving parents. CRPA represents all its members 17 both in their general interest as citizens and in their particular interests as supporters

18 of those who choose to engage other like-minded people in their endeavors to 19 lawfully own and possess firearms. CRPA also stands as an individual organization

20 plaintiff because CRPA is a regular vendor (where they engage the public about 21 constitutional rights, political issues, safety, and many other topics) and participant

22 at the gun shows and stands to have injury to the organization itself as well as to its 23 members.

24 21. Plaintiff SOUTH BAY ROD AND GUN CLUB, INC. (“South Bay”) is 25 a private nonprofit corporation formed in 1955 with a mission to operate a properly

26 managed nonprofit shooting club that is efficiently designed, contracted and safely 27 operated with diligently maintained shooting ranges, support structures, and

28 facilities so that all authorized members and guests may use the facility with pride, 7 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 confidence, and satisfaction. South Bay endeavors to promote and encourage the

2 safe handling and use of firearms. South Bay also stands as an individual

3 organization plaintiff because it is a regular vendor and participant at the gun shows

4 and stands to have injury to the organization itself as well as to its more than 4,000

5 members.

6 22. Plaintiff SECOND AMENDMENT FOUNDATION, INC. (“SAF”) is

7 incorporated under the laws of the state of Washington and was founded in 1974. It

8 is dedicated to promoting a better understanding about our Constitutional heritage to

9 privately own and possess firearms through educational and legal action programs

10 designed to better inform the public about gun control issues. Second Amendment

11 Foundation has been a pioneer in innovative defense of the right to keep and bear

12 arms, through its publications and public education programs like the Gun Rights

13 Policy Conference. Those publications and other SAF materials and information are

14 offered at gun show events. Second Amendment Foundation also expends 15 significant sums of money sponsoring public interest litigation like this lawsuit.

16 II. Defendants 17 23. Defendant 22nd DISTRICT AGRICULTURAL ASSOCIATION

18 (“District”) is a Governor-appointed Board of Directors that manages the state - 19 owned Del Mar Fairgrounds public venue. The District is governed by a nine-

20 member board, each member serving a four-year term. The District Board of 21 Directors appoints a CEO charged with the daily operations of the facilities but

22 maintains control over activities not delegated to the CEO, including contracting 23 with those seeking to host gun-show events at the Venue. It voted to ban all gun

24 shows at the Venue through December 2019, while a non-public, ad hoc committee 25 studies alleged safety and other concerns regarding the operation of such events at

26 the Venue. 27 24. Defendant KAREN ROSS is the Secretary of the California Department

28 of Food & Agriculture—the entity responsible for the policy oversight of the 8 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 network of California fair venues. Through the Department, Defendant Ross issues

2 guidance for governance and contracting to all agricultural districts throughout

3 California (including Defendant District) and requires reporting from the districts on

4 operational issues. The Department maintains an office of legal counsel for any

5 actions brought against Agricultural Association Districts in the state.

6 25. Defendant STEVE SHEWMAKER, who is sued in his individual and

7 official capacities, is the President of the 22nd District Agricultural Board of

8 Directors. He assigned himself (and just one other Board Member) to serve on the

9 ad hoc committee responsible for developing the plan, in closed session, to

10 effectively ban gun shows from the Del Mar Fairgrounds. Defendant Shewmaker

11 expressed at a board meeting that he sought to ban gun shows because of personal

12 experience with gun violence. He did not consider his duty to manage public

13 property for all when he was looking to ban the gun shows at the Venue.

14 26. Defendant RICHARD VALDEZ, who is sued in his individual and 15 official capacities, is the Vice President of the 22nd District Agricultural Board of

16 Directors. He, along with Defendant Shewmaker, served on the ad hoc committee 17 responsible for developing the plan, in closed session, to effectively ban gun shows

18 from the Del Mar Fairgrounds. He did not consider his duty to manage public 19 property for all when he was looking to ban the gun shows at the Venue.

20 27. The true names and capacities of Defendants named as DOES 1 21 through 50, inclusive, are individual, corporate, associate or otherwise, and are

22 unknown to Plaintiffs. They are, however, believed to be responsible in some way 23 for Plaintiffs’ loss and damages. Each Doe Defendant is, and at all times mentioned

24 here was, a partner, agent, principal, co-conspirator, or are otherwise vicariously or 25 directly responsible for the acts or omissions of the other defendants or themselves.

26 They are each sued individually and are joined as party defendants. Plaintiffs thus 27 sue each Doe Defendant under rules 15 and 21 of the Federal Rules of Civil

28 Procedure. Plaintiffs are informed and believed that the Doe Defendants are all 9 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 California residents. Plaintiffs will amend this complaint to show such true names

2 and capacities of Doe Defendants when they have been ascertained.

3 JURISDICTION AND VENUE

4 28. This action arises under 42 U.S.C. § 1983 to redress the deprivation of

5 rights secured by the United States Constitution. This Court has original jurisdiction

6 over these civil claims under 28 U.S.C. § 1331 because the matters in controversy

7 arise under the Constitution and laws of the United States, thus raising federal

8 questions. The Court also has jurisdiction under 28 U.S.C.§ 1343 (a)(3) because this

9 action is brought to redress the deprivation, under color of state law, of federally

10 secured rights, privileges, and immunities.

11 29. The Court has authority to render declaratory judgments and to issue

12 permanent injunctive relief under 28 U.S.C. §§ 2201 and 2202 and Rule 65 of the

13 Federal Rules of Civil Procedure.

14 30. Venue is proper in this Court under 28 U.S.C. § 1391(b)(2) because the 15 22nd District Agricultural Association is located in San Diego County and all of the

16 acts giving rise to this action occurred in this District. 17 FACTUAL ALLEGATIONS

18 I. Regulation of Gun Show Events in California 19 31. The state of California has the most rigorous regulatory regime for

20 commerce in firearms and ammunition in the United States. That regulatory regime 21 applies to the operation of gun show events throughout California. The laws related

22 to the acquisition and sale of firearms is arguably stricter at a gun show, than at 23 brick-and-mortar stores or internet sales.

24 32. The state of California has already determined the manner in which 25 lawful gun shows must be operated under the California Penal Code. Requiring

26 more of gun show event promoters than state law dictates is an ultra vires action that 27 exceeds the scope of state law.

28 33. Only state approved, licensed gun show “producers” may operate a gun 10 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 show events in California. All gun show producers, including Plaintiff Crossroads,

2 must have an individual (the “promoter”) who holds a valid “Certificate of

3 Eligibility” issued by the California Department of Justice.

4 34. Gun show producers must also, among other things:

5 a. Certify that they are familiar with all California laws regarding

6 gun shows, Cal. Penal Code § 27200;

7 b. Possess a minimum of $1,000,000 liability insurance, id.;

8 c. Provide an annual list of shows or events to be held to the

9 California Department of Justice, id.; and

10 d. Notify the California Department of Justice no later than 30 days

11 prior to the gun show or event of any changes to the above, id.

12 e. Make available to law enforcement a complete and accurate list

13 of all vendors that will participate in the show to sell, lease, or

14 transfer firearms. Cal. Penal Code § 27205. 15 35. Gun show promoters must submit an annual event and security plan and

16 schedule to the California Department of Justice and any local law enforcement 17 agency. The plan must include:

18 a. Type of show or event; 19 b. Estimated number of vendors offering for sale or display

20 firearms; 21 c. Estimated number of attendees;

22 d. Number of entrances and exits at the event; 23 e. Location, dates, and times of the event;

24 f. Contact person and telephone number for both promoter and 25 facility;

26 g. Number of sworn peace officers employed by the producer or 27 facility who will be present at the event;

28 h. Number of non-sworn security personnel employed by the 11 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 producer or the facility who will be present at the event; and

2 i. Promoters must inform all prospective vendors of all California

3 laws regarding gun shows. Cal. Penal Code §§ 27210, 27215.

4 36. Promoters of gun shows must also provide a list of all prospective

5 vendors and designated firearm transfer agents who are licensed firearm dealers to

6 the California Department of Justice no later than seven days prior to the event for

7 the purpose of determining whether the vendor possess a valid license and are thus

8 eligible to participate in the event. Cal. Penal Code § 27220.

9 37. If a vendor is not approved by the California Department of Justice or

10 fails to comply with all applicable California law, they cannot participate. Cal. Penal

11 Code § 27220.

12 38. If a promoter fails to inform all prospective vendors of California’s

13 state laws or fails to submit a list of all prospective vendors to the California

14 Department of Justice, the event cannot commence. Cal. Penal Code § 27230. 15 39. A promoter must have written contracts with each vendor selling

16 firearms at the event. Cal. Penal Code § 27235. 17 40. Promoters must post signs in a readily visible location at each public

18 entrance to the event that includes all of the following notices: 19 • “This gun show follows all federal, state, and local firearms and

20 weapons laws, without exception.” 21 • “Any firearm carried onto the premises by any member of the

22 public will be checked, cleared of any ammunition, and secured in a 23 manner that prevents it from being operated, and an identification

24 tag or sticker will be attached to the firearm before the person is 25 allowed admittance to the show.”

26 • “No member of the public under the age of 18 years shall be 27 admitted to the show unless accompanied by a parent,

28 grandparent, or legal guardian.” 12 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 • “All firearm transfers between private parties at the show shall be

2 conducted through a licensed dealer in accordance with applicable

3 state and federal laws.”

4 • “Persons possessing firearms in this facility must have in their

5 immediate possession government-issued photo identification and

6 display it upon the request to any security officer or any peace

7 officer, as defined in Section 830.” Cal. Penal Code § 27240(a).

8 41. Producers must also post signs in a readily visible location at each

9 entrance to the parking lot stating: “The transfer of firearms on the parking lot of

10 this facility is a crime.” Cal. Penal Code § 27240(b).

11 42. A willful failure of a producer to comply with any of California’s

12 applicable laws is a misdemeanor punishable with a fine of up to $2,000 dollars and

13 would render the producer ineligible for a gun show producer license for up to one

14 year, which could cost a producer hundreds of thousands of dollars in lost revenue 15 for a willful infraction. Cal. Penal Code § 272459(c).

16 43. Actual firearm transfers are prohibited from taking place at any gun 17 show in California absent very limited exceptions applicable only to law

18 enforcement.1 The firearm purchase process can be started through an onsite 19 licensed “transfer dealer,” but the sale cannot be completed on site. Purchasers must

20 pick up their purchase after a 10-day waiting period and background check at a 21 licensed firearm retailer at a different licensed location. There is no “Gun Show

22 Loophole” at gun shows operated in accordance with California Law. Plaintiffs 23

24 1 Cal. Penal Code § 27310 (requiring all firearm transfers at gun shows to 25 comply with state and federal law); id. § 26805 (prohibiting the sale and transfer of a firearm by a licensed dealer at any location other than the dealer’s premises as listed 26 on their license but allowing dealer to prepare documents at a gun show in 27 preparation for completion of the sale at the dealer’s premises); id. § 27545 (requiring all firearm transactions to be processed through a licensed dealer when 28 neither party is a licensed firearm dealer). 13 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 diligently operate all of their gun shows in accordance with state law, and take

2 immediate remedial measures if irregularities are discovered.

3 44. The Gun Show Act of 2000, California Penal Code sections 27200-

4 27245, places even more restrictions on the operation of a gun show in California by

5 requiring that:

6 a. Vendors not display, possess, or offer for sale any firearms,

7 knives, or weapons for which possession or sale is prohibited;

8 b. Vendors acknowledge that they are responsible for knowing and

9 complying with all applicable federal, state, and local laws

10 dealing with the possession and transfer of firearms;

11 c. Vendors will not engage in activities that incite or encourage hate

12 crimes;

13 d. Vendors will process all transfers of firearms through licensed

14 firearms dealers as required by state law; 15 e. Vendors will verify that all firearms in their possession will be

16 unloaded and that the firearms will be secured in a manner that 17 prevents them from being operated except for brief periods, when

18 the mechanical condition of the firearm is being demonstrated to 19 prospective buyer;

20 f. Vendors provide all required information under Penal Code § 21 27320;

22 g. Vendors not display or possess black powder or offer it for sale; 23 h. Ammunition only be displayed in closed original factory boxes

24 or other closed containers, with the only exception for showing 25 the ammunition to a prospective buyer. On July 1, 2019,

26 additional state-law restrictions on the sale of ammunition will 27 become effective and gun shows must comply;

28 i. No member of the public under 18 years old may enter a gun 14 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 show unless accompanied by a parent or legal guardian;

2 j. No person other than security personnel or law enforcement

3 possess both a firearm and ammunition for that firearm at the

4 same time, with the exception of vendors who are selling both.

5 45. Even with all of the state and federal regulations that promoters and

6 vendors must comply with, Defendants continually attempt to place further

7 restrictions on Plaintiffs by requiring excessive security—more than is reasonably

8 necessary—and by requiring metal detectors for each door.

9 46. Under information and belief, all of this was done in an attempt to

10 make producing the shows at the Venue so cost prohibitive that Plaintiffs would just

11 decide to go elsewhere—when this tactic did not discourage Plaintiffs, Defendants

12 sought to ban the gun show events all together.

13 II. The Gun Show Cultural Experience

14 47. Gun show events are a modern bazaar—a convention of like-minded 15 individuals who meet in this unique public forum that has been set aside by state and

16 local governments for all manner of commerce. Gun shows just happen to include 17 the exchange of products and ideas, knowledge, services, education, entertainment,

18 and recreation, related to the lawful uses of firearms. Those lawful uses include (but 19 are not limited to):

20 a. Firearm safety training; 21 b. Self-defense;

22 c. Defense of others; 23 d. Defense of community;

24 e. Defense of state; 25 f. Defense of nation;

26 g. Hunting; 27 h. Target shooting;

28 i. Gunsmithing; 15 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 j. Admiration of guns as art;

2 k. Appreciation of guns as technological artifacts; and

3 l. Study of guns as historical objects.

4 48. Only a small percentage (usually less than 40%) of the vendors actually

5 offer firearms or ammunition for sale. The remaining vendors offer accessories,

6 collectibles, home goods, lifestyle products, food and other refreshments.

7 49. Gun shows in general, and the Del Mar show in particular, are a

8 celebration of America’s “gun culture” that is a natural and essential outgrowth of

9 the constitutional rights that flow from the Second Amendment to the United States

10 Constitution. Participating in that culture is one of the primary reasons people attend

11 Crossroads gun shows as vendors, exhibitors, customers, and guests (even if

12 particular vendors/attendees are not in the firearm business or in the market to buy a

13 gun at a particular event.)

14 50. Another reason that people attend gun show events is to learn about the 15 technology and use of various firearms and ammunition when they are considering

16 whether to buy or sell a firearm (or ammunition) and to exchange knowledge with 17 experienced dealers and firearm enthusiasts that they cannot get anywhere else.

18 Teixeira v. County of Alameda, No. 13-17132 (9th Cir. 2017).2 19 51. Vendors at Crossroads gun shows are some of the same licensed

20 vendors that have brick & mortar stores in the community, operate legally over the 21 internet, and are registered with the state as lawful businesses. They sell legal

22 products and enjoy being able to attend gun shows so they can better interact with 23 customers in a more meaningful and intimate way. This convention-like setting is of

24 incalculable benefit to the gun-buying consumer and promotes public safety. 25

26 2 The Teixeira court did not answer whether the Second Amendment includes 27 a right to purchase a firearm. Plaintiffs allege, in good faith, that the right to keep and bear arms necessarily includes the rights to purchase and sell them. Indeed, 28 those rights are paramount to the exercise of the Second Amendment. 16 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 52. Gun shows are a First Amendment forum where literature and

2 information are shared, speakers provide valuable live lectures, classes are

3 conducted, political forums are held where gun rights discussions take place, and

4 candidates for political office can meet to discuss political issues, the government,

5 and the Constitution with constituents who are part of the California gun culture.

6 This forum is vitally important especially in California where government actors at

7 all levels of government (federal, state & local) are openly hostile to the cultural

8 values of the Second Amendment and where supporters of those cultural values are

9 not considered “mainstream.”

10 53. Gun shows, are cultural marketplaces for those members of the “gun

11 culture” who attend for the purpose of proselytizing their constitutional rights and to

12 transmit those beliefs in patriotism and the rights of the individual on to the next

13 generation. It is a place where parents take their children and grandparents take their

14 grandchildren to share with them, among other things, the love of historic firearms, 15 stories of American war heroes, and their love of hunting.

16 54. The Crossroads show in Del Mar is a place where parents can learn 17 how to protect their families and homes, as well as how to stay in compliance with

18 the ever-changing California gun laws. It is a place where people can discuss the 19 positions of political candidates and whether those values line up with their own

20 beliefs in protecting the Second Amendment. 21 55. The Crossroads shows are held and promoted, and considerable

22 investment is made, precisely for the purpose of promoting and “normalizing” the 23 gun culture and the constitutional principles that gun show participants hold dear.

24 56. Anti-gun activist groups use false data and scare tactics to try to 25 influence the decisions of politicians. The District wishes to end this celebration of

26 “gun culture” and Second Amendment rights because they do not understand the 27 culture or the people, and therefore will not condone it.

28 57. Promoting and facilitating the exercise of fundamental constitutional 17 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 rights, even controversial ones, is conduct that is worthy of and entitled to protection

2 by the United States Constitution.

3 III. The Del Mar Fairgrounds Venue

4 58. The Venue is owned by the state of California and managed by the

5 Board of Directors of Defendant 22nd District Agricultural Association. (Ex. 1.)

6 Defendant District is charged with maintaining the Venue and ensuring that is used

7 for public purposes.

8 59. Defendant Ross, as the Secretary of the California Department of Food

9 & Agriculture, oversees the operation of the various agricultural districts in the state,

10 including Defendant District. The Department, under Secretary Ross, provides

11 policies and guidance for the operation of all agricultural districts in the state,

12 including the use of facilities as directed by Department policy.

13 60. The Department of Food & Agriculture maintains a CDFA Contracts

14 Manual for Agricultural Districts (“Manual”). Section 6.25 of the Manual states that 15 “[w]hether or not a fair rents out their facilities for gun shows is a policy decision to

16 be made by the fair board and their community.” 17 61. Due to its large size and unique urban location, the Del Mar Fairground

18 is a unique, publicly owned venue. There is no other public or private venue of 19 similar size in the area. Effectively, the government has a monopoly on venues of

20 this size and type in the area. 21 62. The Venue is a state-owned property maintained and opened for use by

22 the public. By virtue of being opened by the state for use by the public, it is a 23 “public forum,” from which the government may not generally exclude expressive

24 activity. Cinevision Corp. v. City of Burbank, 745 F.2d 560, 569 (9th Cir. 1984) 25 (quoting Perry Educ. Ass’n v. Perry Local Educators’ Assn, 460 U.S. 37, 45-46

26 (1983)). 27 63. The Venue is used by many different public groups and is a major event

28 venue for large gatherings of people to engage in expressive activities, including 18 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 concerts, festivals, and industry shows.

2 64. The Venue actively promotes the use of the property by the public

3 through contracting for available space at the Venue.

4 65. Defendants claim that the Venue complies with the Americans with

5 Disability Act, implying that Defendants themselves consider it to be a “public

6 venue” since private facilities need not comply with ADA requirements.

7 66. The Venue’s website states its mission is “[t]o manage and promote a

8 world-class, multi-use, public assembly facility with an emphasis on agriculture,

9 education, entertainment, and recreation in a fiscally sound and environmentally

10 conscientious manner for the benefit of all.” http://www.delmarfairgrounds.com/

11 index.php?fuseaction=facilities.ada_info (emphasis added).

12 67. The Venue has held other non-gun-show events in which criminal

13 activity has taken place—including theft and a shooting. These criminal incidents

14 are no more likely to happen at a gun show event that the non-gun-show event. The 15 District has taken no actions to ban or impose a moratorium on these promoters or

16 events. (Ex. 2.) 17 IV. Contracting to Rent the Del Mar Venue

18 68. The District has a process for securing returning contractors who would 19 like to secure specific dates into future years before the contracts can be drafted and

20 executed. 21 69. Each year, returning and regular contractors, including Crossroads,

22 submit preferred dates for the next calendar year, so the District can confirm 23 availability and so Crossroads can begin to reserve vendors and materials for the

24 show weekends. 25 70. Due to the size and extensive planning that goes into producing gun

26 show events, the District has for the past 30 years provided and held preferred dates 27 for contractors until the contracts can fully be executed. The “hold” system

28 essentially operates as a right of first refusal to the benefit of returning contractors. 19 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 For example, if another contractor wanted the same preferred dates as Crossroads,

2 the District would not allow another vendor to come in and take those dates from

3 Crossroads even though there is no official contract in place yet.

4 71. The “hold” system also provides the District with the security of

5 knowing its venue is booked with experienced and knowledgeable repeat contractors

6 that have a demonstrated record of running safe and profitable events at the Venue.

7 72. This reservation system also permits the promoter to spend advertising

8 dollars to promote the show. When governments announce plans to ban gun shows

9 at particular venues, vendors and patrons rationally make plans to attend at other

10 venues or seek other states to conduct their commerce. If/when the bans/moratorium

11 is set aside, promoters must then spend additional resources to attract business to

12 correct the false trial impression that shows have been cancelled.

13 73. The District also considers the “hold” dates and shows during Venue

14 budget discussions which are typically held in the year before the contracts are 15 commenced.

16 74. Upon information and belief, the “hold” system is widely used by 17 similar state fair board venues and is standard industry practice. (Ex. 3.)

18 75. On or about July 5, 2018, Venue staff sent e-mails to Crossroads 19 confirming “holds” on Crossroads’ preferred dates for gun show events at the Venue

20 in 2019. (Ex. 4.) 21 76. Crossroads, after doing business in this customary manner for 30 years,

22 had no reason to doubt the District would honor the preferred “hold” dates or the 23 staff emails confirming future dates which would lead to the eventual executed

24 contract for the event space on the dates indicated. 25 77. On information and belief, all parties understood that the 2019 “hold”

26 dates were binding and would allow for Crossroads and Venue staff to plan for 27 future events at the Venue.

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1 V. Defendants Ban Gun Show Events at the Venue

2 78. Even though Crossroads had secured “hold” dates for 2019, and despite

3 the long history that Crossroads has with the Venue in operating safe and legal

4 events, the political environment has become hostile toward gun show events and,

5 more generally toward the “gun culture.”

6 79. Indeed, gun-show-banning activists are at work throughout the state

7 and the country to ban all gun shows everywhere, not because they are “dangerous

8 for the community,” but because they do not subscribe to the same values as gun

9 show promoters, vendors, and participants. (Ex. 5.)

10 80. In 2017, gun-show-banning activists began pressuring Defendant

11 District to prohibit gun show events at the Venue.

12 81. These activists rely on unfounded fears about the security of gun show

13 events, false claims that gun shows are inherently dangerous because they normalize

14 the “gun culture,” and stereotypes about the people that attend gun shows. See City 15 of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (1985) (striking an ordinance

16 requiring a special permit for a group home for the intellectually disabled, the Court 17 cited direct evidence of negative attitudes toward persons with disabilities expressed

18 by community members and recorded in the legislative history). 19 82. In response, the District began a series of meetings and public-comment

20 periods to determine whether Defendants would continue to contract with 21 Crossroads or other promoters for the use of the Venue for gun show events.

22 83. The District also engaged in communications with other government 23 agencies and with Crossroads to determine whether gun shows at the Venue were

24 operated in full compliance with state and federal law, and if the events pose any 25 real danger to the community.

26 84. Defendant Shewmaker also appointed a non-public, ad hoc committee 27 of two members of the District (comprised of just himself and Defendant Valdez) to

28 investigate the gun show operation at the Venue and report back to the District with 21 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 recommendations for the continued use of the Venue for gun show events. The ad

2 hoc “Contracts Committee” had no set timeframe for its activities.

3 85. On April 23, 2018, then-Governor-Elect Gavin Newsom sent a letter to

4 the District expressing his support for ending gun shows at the Venue.

5 86. On August 24, 2018, Defendant Shewmaker responded to Newsom in a

6 letter stating that “the time has come for the 22nd DAA to take action and we plan to

7 do something on September 11th.” This strong inference that the District intended to

8 “take action” to put an end to gun show events suggests that Defendant Shewmaker

9 intentionally and unlawfully discriminated against Plaintiffs, having already made a

10 decision before the public hearing such that Plaintiffs could not receive a fair and

11 unbiased hearing. See Cinevision, 745 F.2d at 571-77.

12 87. In advance of the September 11, 2018 meeting, Plaintiffs’ counsel

13 wrote to all members of the District, informing them that prohibiting gun show

14 events on public property would violate the rights of Crossroads, as well as vendors 15 and individual participants of gun show events. (Ex. 6.) What’s more, at least two

16 licensed attorneys serve on the District—surely, they understand that viewpoint- 17 based discrimination in the rental of public property violates the First Amendment

18 unless supported by a compelling governmental interest. 19 88. At the public hearing on September 11, 2018, the ad hoc “Contracts

20 Committee” recommended that the District “not consider any contracts with the 21 producers of gun shows beyond December 31st 2018 until such time as the District

22 has put into place a more thorough policy regarding the conduct of gun shows that: 23 a. Considers the feasibility of conducting gun shows for only

24 educational and safety training purposes and bans the possession 25 of guns and ammunition on state property[;]

26 b. Aligns gun show contract language with recent changes to state 27 and federal law[;]

28 c. Details an enhanced security plan for the conduct of future 22 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 shows[;]

2 d. Proposes a safety plan[;]

3 e. Considers the age appropriateness of the event[;]

4 f. Grants rights for the DAA to perform an audit to ensure full

5 compliance with California Penal Code Sections 171b and

6 12071.1 and 1207.4.” (Ex. 7.)

7 89. The ad hoc “Contracts Committee” recommended that the District

8 require the presentation of the proposed policy at the December 2019 meeting of the

9 District.

10 90. At the September 11, 2018 hearing, Defendant Shewmaker stated that

11 he was done “drinking the Kool-Aid” regarding gun shows at the Venue. And he

12 offered a story of a personal experience with gun violence unrelated to gun show

13 events—appearing to rely on improper personal motives instead of what is best for

14 the Venue or the constitutional rights of Plaintiffs. Village of Willowbrook v. Olech, 15 528 U.S. 562 (2000).

16 91. On the other hand, in testimony before the District, the Del Mar 17 Fairgrounds Chief Marketing Officer stated that “[w]e feel 100% comfortable with

18 the security measures we take,” while discussing the implementation of the security 19 measures used for events at the Venue, including those implemented at gun shows.

20 Matt Boone, Security Concerns Linger Ahead of KAABOO After Shooting at Del 21 Mar Fairgrounds, ABC News 10 San Diego (Sept. 12, 2018), available at

22 https://www.10news.com/news/security-concerns-linger-ahead-of-kaaboo-after- 23 shooting-at-del-mar-fairgrounds. He did not suggest that the security measures taken

24 at gun show events at the Venue were lacking in any way. 25 92. Ultimately, the lengthy process of meetings, public comment, and

26 communications with stakeholders resulted in no finding that allowing the (already 27 heavily regulated) gun show events to continue at the Venue posed a definite or

28 unique risk to public safety. Indeed, the District presented no evidence of any safety 23 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 concerns within the community that could be linked to the 30-year-old gun show-

2 event at the Venue.

3 93. To the contrary, banning highly regulated gun shows in California

4 communities, like Del Mar, serves to distort the gun market, potentially pushing

5 California gun buyers into less restrictive gun-buying environments.3

6 94. Nonetheless, relying on contrived possibilities of unknown dangers and

7 unfounded claims that prohibiting gun shows might prevent suicide and violent

8 crime because the “gun culture” would be censored,4 on September 11, 2018,

9 Defendant District voted (8-to-1) to impose a one-year moratorium (for the year

10 2019) on gun show events at the Venue while they study potential safety concerns.

11 95. Lacking any evidence that continuing to contract with Crossroads to

12 host gun shows at the Venue raised any real public safety concerns, it is clear that

13 the District ultimately gave into populist pressure from gun-show-banning activist

14 groups. 15 96. In so doing, Defendants ignored their mission to maintain a “public

16 3 Joyce Lupiani, Nevada Gun Shows Tied to California Gun Violence, KTNV 17 (2017), https://www.ktnv.com/news/crime/study-nevada-gun-shows-tied-to- 18 california-gun-violence (last visited Jan. 21, 2019); Brett Israel, Study: Gun Deaths, Injuries in California Spike Following Nevada Gun Shows, Berkeley News (2017), 19 https://news.berkeley.edu/2017/10/23/embargoed-until-1023-2pm-pdt-study-gun- 20 deaths-injuries-in-california-spike-following-nevada-gun-shows/ (last visited Jan. 21 21, 2019). But see Mariel Alper, Ph.D., & Lauren Glaze, Bureau of Justice Statistics, Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016 22 (2019), available at https://www.bjs.gov/content/pub/pdf/suficspi16.pdf (last visited 23 Jan. 21, 2019); Garen J. Wintemute, et al., Gun Shows and Gun Violence: Fatally Flawed Study Yields Misleading Results, 100 Am. J. Pub. Health 1856-60 (2010), 24 available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2936974/ (last visited 25 Jan. 21, 2019). 4 But see Alvaro Castillo-Caniglia, Ph.D., et al., California’s Comprehensive 26 Background Check and Misdemeanor Violence Prohibition Policies and Firearm 27 Mortality, Annals of Epidemiology (Oct. 11, 2018) (noting that, in California communities with the most stringent gun restrictions, there has been a marked 28 increase in both property and violent crime). 24 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 assembly facility… for the benefit of all” to the detriment of the civil rights of

2 Plaintiffs and others who attend and participate in gun shows. As a result, Plaintiffs

3 are being denied access to the public Venue because the District disagrees with the

4 content and viewpoint of their speech.

5 VI. Effect of the Gun Show Ban on Plaintiffs

6 97. Because of the time and resources needed to implement a gun show

7 event, Crossroads must plan its shows at least one year in advance. Because of the

8 late cancellation of the 2019 show schedule by Defendants, Crossroads has been

9 unable to find a suitable alternate location that offers the comparable space and

10 resources as the Venue.

11 98. What’s more, the government prohibits the building of similar venues

12 within their districts as a way of preventing competition for available space. As a

13 result, there are no venues within the same area that offer comparable space and

14 parking needed for gun show events. 15 99. The use of a smaller private venue by Crossroads would result in

16 substantial loss of revenue and having to turn away many of the vendors and 17 attendees due to space constraints. It is not economically or practically feasible.

18 100. Defendants’ refusal to rent the Venue for lawful activity causes 19 economic damage to Crossroads in loss of event revenue, vendors, future show

20 dates, companies used as suppliers for gun show events, and business reputation and 21 goodwill that has been built by Plaintiff for more than 30 years.

22 101. Defendants’ refusal to contract with Crossroads for gun show events at 23 the Venue causes economic damage to the organizational plaintiffs, CRPA, SAF,

24 and South Bay, which use their vendor space, in part, to sell organization 25 memberships, advertise their educational courses, request donations, and sell

26 organization merchandise, like hats and stickers. 27 102. Defendants’ refusal to contract with Crossroads for gun show events at

28 the Venue causes economic damage to the vendor plaintiff, Mike Walsh, who uses 25 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 his vendor space, in part, to sell ammunition.

2 103. Defendants’ refusal to rent its publicly-owned “public assembly

3 facility” to Crossroads for gun show events, a lawful business, violates each

4 Plaintiffs’ rights to engage in free speech and peaceful assembly, and their rights to

5 equal protection and due process.

6 104. Specifically, Defendants’ conduct strips Plaintiffs Bardack, Diaz,

7 Dupree, Irick, and Walsh, as well as the organizational plaintiffs, CRPA, SAF, and

8 South Bay, of a vital opportunity to assemble and engage in pure speech about the

9 rights and responsibilities of gun owners, the Second Amendment, patriotism, and

10 political activism with like-minded individuals.

11 105. Defendants’ conduct complained of here also strips Crossroads of the

12 right to promote gun show events, acting as a “clearinghouse” for both political

13 speech and commercial speech.

14 106. Defendants’ conduct complained of here also strips Plaintiff Walsh of a 15 vital opportunity to assemble and engage in lawful commercial speech, including the

16 offer and acceptance of sales of ammunition and other firearm-related goods. 17 107. Furthermore, even if the Court grant injunctive relief, Crossroads will

18 have incurred damages in having to devote extraordinary advertising dollars to 19 inform the public that the gun show has not been banned in San Diego County.

20 FIRST CAUSE OF ACTION 21 Violation of Right to Free Speech Under U.S. Const., amend. I

22 42 U.S.C. § 1983 23 (By Plaintiffs CRPA, South Bay, SAF and All Individuals Against All Defendants)

24 108. Plaintiffs incorporate by reference paragraphs 1 through 107 of this 25 Complaint as though fully set forth herein in their entirety.

26 109. The First Amendment provides that “Congress shall make no law . . . 27 abridging the freedom of speech. . ..”

28 110. The First Amendment’s Freedom of Speech Clause is incorporated and 26 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 made applicable to the states and their political subdivisions by the Fourteenth

2 Amendment to the United States Constitution and by 42 U.S.C. § 1983.

3 111. The First Amendment does not tolerate the suppression of speech based

4 on the viewpoint of the speaker. Public property made available for lease by

5 community groups to engage in expressive activity must thus be available without

6 regard to the viewpoint sought to be expressed. Cinevision, 745 F.2d 560. Such

7 venues cannot be opened to some and closed to others, suppressing protected

8 expression, absent a compelling government interest. Id. at 571.

9 112. The state of California owns the Venue, a fair venue. It is rented to the

10 public, including community-based organizations and businesses, for its use and

11 enjoyment, including for concerts, festivals, and industry shows.

12 113. Defendant Ross, as the Secretary of the California Department of Food

13 & Agriculture, is responsible for the oversight of California fair venues. She has

14 authorized Defendants District, Shewmaker, and Valdez, to interpret, enforce, and 15 implement its policies for the operation and management of the Venue, including

16 CDFA Contract Manual section 6.25 (discretion to contract with gun show events). 17 114. Defendants District, Shewmaker, and Valdez do, in fact, interpret,

18 implement, and enforce the policies of the Department of Food & Agriculture as 19 regards the Venue, including those policies and practices regarding rental of the

20 Venue for public use. As described herein, Defendants District, Shewmaker, and 21 Valdez have imposed a content-based restriction on Plaintiffs’ speech in violation of

22 the First Amendment. 23 115. Plaintiffs CRPA, SAF, South Bay, and Individuals Bardack, Diaz,

24 Dupree, Irick, and Walsh have attended in the past and wish to again attend 25 Crossroads of the West Gun Show at the Venue so they may exchange ideas,

26 information, and knowledge, as well discuss political issues and the importance of 27 protecting and defending the Second Amendment.

28 116. Plaintiffs CRPA, SAF, South Bay, and Individuals Bardack, Diaz, 27 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 Dupree, Irick, and Walsh have a right under the First Amendment to use the Venue

2 for their expressive activity on the same basis as other members of the public

3 without regard to the viewpoints they seek to express.

4 117. Defendants, however, placed a moratorium on all gun shows at the

5 Venue in 2019 with the intention of permanently banning them—based on their

6 opposition to Plaintiffs’ “pro-gun rights” viewpoint—thereby denying Plaintiffs

7 their rights under the First Amendment.

8 118. There is no compelling governmental interest to support the shuttering

9 of all gun show events at the Venue, which in turn destroys a vital outlet for the

10 expression and exchange of ideas related to promoting and preserving the “gun

11 culture” in California and elsewhere.

12 119. Defendants acted with malice, oppression, and wanton and intentional

13 disregard of the rights of Plaintiffs when it eliminated the promised dates for 2019

14 for the gun shows and refused to allow contracts with the Venue like other lawful 15 businesses based upon a viewpoint held by Plaintiffs with which Defendants do not

16 agree. 17 120. As a direct and proximate result of Defendants’ conduct, Plaintiffs

18 CRPA, South Bay, SAF and Individuals Bardack, Diaz, Dupree, Irick, and Walsh 19 have suffered irreparable harm, including the violation of their constitutional right to

20 freedom of expression, entitling them to declaratory and injunctive relief and 21 nominal damages.

22 SECOND CAUSE OF ACTION 23 Violation of Right to Free Speech Under U.S. Const., amend. I

24 42 U.S.C. § 1983 25 (By Plaintiff Crossroads Against All Defendants)

26 121. Plaintiffs incorporate by reference paragraphs 1 through 120 of this 27 Complaint as though fully set forth herein in their entirety.

28 122. The First Amendment provides that “Congress shall make no law . . . 28 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 abridging the freedom of speech. . ..”

2 123. The First Amendment’s Freedom of Speech Clause is incorporated and

3 made applicable to the states and their political subdivisions by the Fourteenth

4 Amendment to the United States Constitution and by 42 U.S.C. § 1983.

5 124. The First Amendment does not tolerate the suppression of speech based

6 on the viewpoint of the speaker. Public property made available for lease by

7 community groups to engage in expressive activity must thus be available without

8 regard to the viewpoint sought to be expressed. Cinevision, 745 F.2d 560. Such

9 venues cannot be opened to some and closed to others, suppressing protected

10 expression, absent a compelling government interest. Id. at 571.

11 125. Event promoters, though they generally promote events for profit, “still

12 enjoy the protections of the First Amendment.” Id. at 567. For “[t]he role of a

13 promoter in ensuring access to the public is at least as critical as the role of a

14 bookseller or theater owner and . . . is in a far better position than a concert goer or 15 individual performers to vindicate First Amendment rights and ensure public

16 access.” Id. at 568. The conduct they engage in is protected expression. 17 126. The state of California owns the Venue, a fair venue. It is rented to the

18 public, including community-based organizations and businesses, for its use and 19 enjoyment, including for concerts, festivals, and industry shows.

20 127. Defendant Ross, as Secretary of the California Department of Food & 21 Agriculture, is responsible for the oversight of California fair venues. She has

22 authorized Defendants District, Shewmaker, and Valdez to interpret, enforce, and 23 implement its policies for the operation and management of the Venue, including

24 CDFA Contract Manual section 6.25 (discretion to contract with gun show events). 25 128. Defendants District, Shewmaker, and Valdez do, in fact, interpret,

26 implement, and enforce the policies of the Department of Food & Agriculture as 27 regards the Venue, including those policies and practices regarding rental of the

28 Venue for public use. As described herein, Defendants District, Shewmaker, and 29 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 Valdez have imposed a content-based restriction on Crossroads’ speech in violation

2 of the First Amendment.

3 129. Plaintiff Crossroads seeks to engage in protected speech at the Venue, a

4 noted “public assembly facility,” through the promotion and productions of events

5 for lawful expressive activity, including events that bring together like-minded

6 individuals to engage in pure political and educational speech, as well as

7 commercial speech of vendor and individual participants to communicate offer and

8 acceptance for the sale of goods and services.

9 130. Plaintiff Crossroads has a right under the First Amendment to use the

10 Venue for its expressive activity on the same basis as other members of the public

11 without regard to the content or viewpoint it seeks to express and promote.

12 131. Defendants, however, placed a moratorium on all gun shows at the

13 Venue in 2019 with the intention of permanently banning them—based on their

14 opposition to Crossroads’ “pro-gun rights” viewpoint—thereby denying Plaintiff of 15 its rights under the First Amendment.

16 132. Defendants’ policy and practice of permitting organizers of non-gun- 17 show events to use the Venue for their events, while denying Crossroads and all gun

18 show promotors access, bars Plaintiff from engaging in expression based on the 19 content and viewpoint of its speech.

20 133. There is no compelling governmental interest to support the shuttering 21 of all gun show events at the Venue, which in turn destroys a vital outlet for the

22 expression and exchange of ideas related to promoting and preserving the “gun 23 culture” in California and elsewhere.

24 134. Indeed, Defendants’ refusal to rent the publicly owned facility to a 25 lawful business (that has, for 30 years, conducted safe and successful events at the

26 Venue) does not advance any public interest and subjects Plaintiff Crossroads to the 27 deprivation of free speech rights secured by the First Amendment.

28 135. Defendants acted with malice, oppression, and wanton and intentional 30 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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1 disregard of the rights of Crossroads when it eliminated the promised dates for 2019

2 and refused contract with Crossroads for use of the public Venue for expressive

3 activity based the content and viewpoint of Plaintiff Crossroads’ speech.

4 136. As a direct and proximate result of Defendants’ conduct, Plaintiff

5 Crossroads has suffered irreparable harm, including the violation of its constitutional

6 right to freedom of expression, entitling Plaintiff to declaratory and injunctive relief

7 and nominal damages.

8 THIRD CAUSE OF ACTION

9 Violation of Right to Free Speech Under U.S. Const., amend. I

10 42 U.S.C. § 1983

11 (By Plaintiffs Walsh and Ammo Bros. Against All Defendants)

12 137. Plaintiffs incorporate by reference paragraphs 1 through 136 of this

13 Complaint as though fully set forth herein in their entirety.

14 138. The First Amendment provides that “Congress shall make no law . . . 15 abridging the freedom of speech. . ..”

16 139. The First Amendment’s Freedom of Speech Clause is incorporated and 17 made applicable to the states and their political subdivisions by the Fourteenth

18 Amendment to the United States Constitution and by 42 U.S.C. § 1983. 19 140. The First Amendment does not tolerate the suppression of speech based

20 on the viewpoint of the speaker. Public property made available for lease by 21 community groups to engage in expressive activity must thus be available without

22 regard to the viewpoint sought to be expressed. Cinevision, 745 F.2d 560. Such 23 venues cannot be opened to some and closed to others, suppressing protected

24 expression, absent a compelling government interest. Id. at 571. 25 141. The state of California owns the Venue, a fair venue. It is rented to the

26 public, including community-based organizations and businesses, for its use and 27 enjoyment, including for concerts, festivals, and industry shows.

28 142. Defendant Ross, as Secretary of the California Department of Food & 31 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.32 Page 32 of 41

1 Agriculture, is responsible for the oversight of California fair venues. She has

2 authorized Defendants District, Shewmaker, and Valdez to interpret, enforce, and

3 implement its policies for the operation and management of the Venue, including

4 CDFA Contract Manual section 6.25 (discretion to contract with gun show events).

5 143. Defendants District, Shewmaker, and Valdez do, in fact, interpret,

6 implement, and enforce the policies of the Department of Food & Agriculture as

7 regards the Venue, including those policies and practices regarding rental of the

8 Venue for public use. As described herein, Defendants District, Shewmaker, and

9 Valdez have imposed a content-based restriction on Plaintiff Walsh’s speech in

10 violation of the First Amendment.

11 144. Plaintiffs Walsh and Ammo Bros. have attended in the past and wish to

12 again attend Crossroads gun shows at the Venue to engage in lawful commercial

13 speech with individual attendees.

14 145. Plaintiffs Walsh and Ammo Bros. have a right under the First 15 Amendment to use the Venue for expressive activity on the same basis as other

16 members of the public without regard to the viewpoints they seek to express and 17 promote.

18 146. Defendants, however, placed a moratorium on all gun shows at the 19 Venue in 2019 with the intention of permanently banning them—based on their

20 opposition to Plaintiff Walsh’s “pro-gun rights” viewpoint—thereby denying 21 Plaintiff Walsh of his rights under the First Amendment.

22 147. Defendants’ policy and practice of permitting organizers of non-gun- 23 show vendors to use the Venue, while denying Plaintiffs Walsh and Ammo Bros., as

24 well as all gun show vendors the same access, bars Plaintiffs from engaging in 25 expression based on the content and viewpoint of his speech.

26 148. There is no substantial governmental interest to support the shuttering 27 of all gun show events at the Venue, which in turn destroys a vital outlet for

28 commercial speech related to the sale of firearms, ammunition, and firearms 32 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.33 Page 33 of 41

1 accessories.

2 149. Even if there were a substantial governmental interest in restricting gun

3 shows and the commercial speech that occurs at such events, banning gun show

4 events at the Venue altogether is more extensive than necessary to serve any such

5 interest.5

6 150. As a direct and proximate result of Defendants’ conduct, Plaintiffs

7 Walsh and Ammo Bros. have suffered irreparable harm, including the violation of

8 their constitutional right to freedom of expression, entitling them to declaratory and

9 injunctive relief and nominal damages.

10 FOURTH CAUSE OF ACTION

11 Prior Restraint on Right to Free Speech Under U.S. Const., amend. I

12 42 U.S.C. § 1983

13 (By All Plaintiffs Against All Defendants)

14 151. Plaintiffs incorporate by reference paragraphs 1 through 150 of this 15 Complaint as though fully set forth herein in their entirety.

16 152. The First Amendment provides that “Congress shall make no law . . . 17 abridging the freedom of speech. . ..”

18 153. The First Amendment’s Freedom of Speech Clause is incorporated and 19 made applicable to the states and their political subdivisions by the Fourteenth

20 Amendment to the United States Constitution and by 42 U.S.C. § 1983. 21 154. The First Amendment affords special protection against policies or

22 orders that impose a previous or prior restraint on speech. “[P]rior restraints on 23 speech and publication are the most serious and least tolerable infringement on First

24 Amendment Rights.” Ass’n for L.A. Deputy Sheriffs v. L.A. Times Commc’ns LLC, 25 239 Cal. App. 4th 808, 811 (2015), citing Neb. Press Ass’n v. Stuart, 427 U.S. 539,

26 5 27 See Nordyke v. Santa Clara County, 110 F.3d 707 (9th Cir. 1997) (holding that a ban on the sale of firearms on county-owned land was overbroad as abridging 28 commercial speech associated with the sale of lawful products). 33 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.34 Page 34 of 41

1 559 (1976). A prior restraint is particularly egregious when it falls upon the

2 communication of news, commentary, current events, political speech, and

3 association. N.Y. Times Co. v. United States, 403 U.S. 713, 715 (1971).

4 155. Prior restraint also involves the “unbridled discretion doctrine” where a

5 policy, or lack thereof, allows for a single person or body to act at their sole

6 discretion, without regard for any constitutional rights possessed by the person upon

7 which the action is taken, and where there is no remedy for challenging the

8 discretion of the decision makers. Lakewood v. Plain Dealer Publ’g Co., 486 U.S.

9 750, 757 (1988).

10 156. Further, denying or cancelling a government contract in anticipation

11 that an event or its attendees will violate the law, where there is no more chance of

12 criminal elements surfacing at such event than at any other event, is an unlawful

13 prior restraint on expression. See Se. Promos., Ltd., v. Conrad, 420 U.S. 546 (1975).

14 157. Defendant Ross, as the Secretary of the California Department of Food 15 & Agriculture, is responsible for the oversight of California fair venues. Through the

16 Department, she issues guidance giving local agricultural district boards full 17 discretion to determine who they issue contracts to for the use of their facilities. This

18 recommendation does not currently take into account the potential for a violation of 19 constitutional rights, like free speech and assembly.

20 158. Defendant Ross, as Secretary of the California Department of Food & 21 Agriculture, has authorized Defendants District, Shewmaker, and Valdez to

22 interpret, enforce, and implement its policies for the operation and management of 23 the Venue, including CDFA Contract Manual section 6.25 (discretion to contract

24 with gun show events). 25 159. Defendants District, Shewmaker, and Valdez do, in fact, interpret,

26 implement, and enforce the policies and guidance of the Department of Food & 27 Agriculture as regards the Venue, including those policies and practices regarding

28 rental of the Venue for public use. 34 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.35 Page 35 of 41

1 160. Defendant District does not have any policy for determining who will

2 win a contract from the District and who will not, except that the District is the sole

3 and final decision maker on all contracts. There is no policy outlining requirements

4 for contracting or detailing who and what activities are allowed at the public

5 venue—only that the District makes the decision on any contract brought before it.

6 161. Defendants District, Shewmaker, and Valdez voted to prohibit

7 promoters and vendors from contracting for use of the Venue to host gun show

8 events, thus quashing their speech and the speech of vendors and attendees of the

9 show.

10 162. Defendants’ policies and practices complained of here impose an

11 unconstitutional prior restraint because they vest local agricultural district boards

12 and board members, including Defendants District, Shewmaker, and Valdez, with

13 unbridled discretion to permit or refuse protected expression by members of the

14 public, including Plaintiffs. 15 163. Defendants’ policies and practices complained of here give unbridled

16 discretion to local agricultural district boards and board members to decide what 17 forms of expression members of the public may engage in on at the Venue and to

18 ban any other expression at the whim of those boards and board members in 19 violation of the First Amendment.

20 164. As a direct and proximate result of Defendants’ conduct, Plaintiffs have 21 suffered irreparable harm, including the violation of their constitutional right to

22 freedom of expression, entitling them to declaratory and injunctive relief and 23 nominal damages.

24 FIFTH CAUSE OF ACTION 25 Violation of Right to Assembly and Association Under U.S. Const., amend. I

26 42 U.S.C. § 1983 27 (By All Plaintiffs Against All Defendants)

28 165. Plaintiffs incorporate by reference paragraphs 1 through 164 of this 35 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.36 Page 36 of 41

1 Complaint as though fully set forth herein in their entirety.

2 166. The First Amendment provides recognizes and protects the rights to

3 association and assembly. Indeed, “[e]ffective advocacy of both public and private

4 points of view, particularly controversial ones, is undeniably enhanced by group

5 association.” NAACP v. Alabama, 377 U.S. 288, 462 (1958).

6 167. Plaintiffs are attempting to engage in their protected right to free

7 assembly and association lawful activities that bring together like-minded

8 individuals to engage in lawful commerce, expressive activities, including political

9 and educational speech, and fellowship.

10 168. Defendants violate Plaintiffs’ right to freedom of assembly by denying

11 them the right to use the Venue, a “public assembly facility”, to assemble and

12 engage in political and other types of expression—a right Defendants extend to other

13 members of the public so long as they are not meeting for the purposes of holding a

14 gun show event. 15 169. Defendants have no legitimate and substantial interest in prohibiting

16 gun show events and, by extension, the rights of Plaintiffs to associate and assemble 17 at the Venue.

18 170. But even if Defendants had a “legitimate and substantial” interest in 19 barring Plaintiffs from assembling at the Venue, they have imposed an

20 unconstitutional and overly broad restriction on Plaintiffs’ rights to assembly. See id. 21 at 307.

22 SIXTH CAUSE OF ACTION 23 Violation of the Right to Equal Protection Under U.S. Const., amend. XIV

24 42 U.S.C. § 1983 25 (By All Plaintiffs Against All Defendants)

26 171. Plaintiffs incorporate by reference paragraphs 1 through 170 of this 27 Complaint as if fully set forth herein in their entirety.

28 172. The Fourteenth Amendment to the United States Constitution, 36 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.37 Page 37 of 41

1 enforceable under 42 U.S.C. § 1983, provides that no state shall deny to any person

2 within its jurisdiction the equal protection of the laws.

3 173. Generally, equal protection is based upon protected classes of person

4 who are similarly situated; however, individuals who suffer irrational and intentional

5 discrimination or animus can bring claims of equal protection where the government

6 is subjecting only the Plaintiffs to differing and unique treatment compared to others

7 who are similarly situated, Engquist v. Ore. Dept. of Agric., 553 U.S. 591 (2008),

8 even if not based on group characteristics, Village of Willowbrook v. Olech, 528

9 U.S. 562 (2000).

10 174. Disparate treatment under the law, when one is engaged in activities

11 that are fundamental rights, is actionable under the Equal Protection Clause of the

12 Fourteenth Amendment. Police Dep’t of Chic. v. Mosley, 408 U.S. 92 (1972); Carey

13 v. Brown, 447 U.S. 455 (1980).

14 175. Although Plaintiff Crossroads operates a legal and legitimate business 15 and the Venue is suitable for the purposes of hosting a gun show at its public

16 facility, the District refuses to allow Crossroads to use the Venue for its gun shows, 17 preventing Plaintiffs from equally participating in the use of the public venue.

18 176. Defendants’ refusal to permit Plaintiffs equal access to the Venue for its 19 promotion of gun shows does not further any compelling governmental interest.

20 177. Defendants’ refusal to allow Plaintiffs equal use of the public facility 21 while continuing to allow contracts for the use of the facility with other similarly

22 situated legal and legitimate businesses is a violation of Plaintiffs’ right to equal 23 protection under the law because it is based on a “bare desire to harm a politically

24 unpopular group.” U.S. Dep’t of Agric v. Moreno, 413 U.S. 528, 534 (1973). 25 178. As a direct and proximate result of Defendants’ conduct, Plaintiffs have

26 suffered irreparable harm, including the violation of their constitutional right to 27 equal protection under the law, entitling them to declaratory and injunctive relief

28 and nominal damages. 37 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.38 Page 38 of 41

1 SEVENTH CAUSE OF ACTION

2 Conspiracy to Violate Civil Rights

3 42 U.S.C. § 1985

4 (By All Plaintiffs Against All Defendants)

5 179. Plaintiffs incorporate by reference paragraphs 1 through 178 of this

6 Complaint as if fully set forth herein in their entirety.

7 180. Defendants Shewmaker and Valdez, together with Defendant District

8 and unnamed third parties, concocted and implemented a plan to prohibit gun show

9 events at the publicly owned Venue based on animus toward Plaintiffs and in light

10 of the viewpoint Plaintiffs sought to express at gun show events by creating a non-

11 public committee what limited the public input into the process and where only

12 Defendants Shewmaker and Valdez could participate, thus showing that the two

13 Defendants has a “meeting of the minds” as to the proposed ban of the gun shows at

14 the Venue. 15 181. Defendants Shewmaker, Valdez, and District did not provide a fair and

16 unbiased hearing for Plaintiffs—indeed, they failed to use consistent, content-neutral 17 standards to evaluate Plaintiffs’ activities, rejected favorable reports from their own

18 Del Mar Fairgrounds Directors of Security and local law enforcement, allowed 19 politically charged groups to sway their decisions, relied on their personal biases

20 against guns, and publicly stated that something must be done about the gun shows. 21 182. The conduct of Defendants Shewmaker, Valdez, and District was made

22 possible because Defendant Ross, as the Secretary of the California Department of 23 Food & Agriculture, vested Defendant District with unfettered power to discriminate

24 against members of the public in the rental of state-owned fairgrounds property (the 25 Venue). The lack of policies that protect constitutional rights of groups and

26 individuals and a lack of parameters of authority within which Defendants 27 Shewmaker, Valdez, and District are required to work, served as a direct avenue for

28 Defendants to willfully, wantonly, and maliciously act against Plaintiffs. 38 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.39 Page 39 of 41

1 183. Defendants Shewmaker, Valdez, and District considered arbitrary and

2 unlawful factors in disapproving of Plaintiffs’ activities stating repeatedly that gun

3 shows are not “family friendly” and not the type of event that should be hosted at the

4 Venue, this making arbitrary judgements about what should be “family friendly” and

5 “good” for all people. The term “family friendly” does not set a standard sufficient

6 to make a determination as it is vague and undefined.

7 184. By taking this action, Defendants Shewmaker, Valdez, District, and

8 unnamed third parties conspired to deny civil liberties guaranteed by the First and

9 Fourteenth Amendments in violation of 42 U.S.C. § 1985.

10 PRAYER FOR RELIEF

11 WHEREFORE, Plaintiffs pray for:

12 1. A declaration that Defendants’ conduct complained of herein violates

13 the free speech rights of Plaintiffs CRPA, South Bay, SAF, and Individual Plaintiffs

14 Bardack, Diaz, Dupree, Irick, and Walsh under the First Amendment to the United 15 States Constitution;

16 2. A declaration that Defendants’ conduct complained of herein violates 17 the free speech rights of Plaintiff Crossroads under the First Amendment to the

18 United States Constitution; 19 3. A declaration that Defendants’ conduct complained of herein violates

20 the free speech rights of Plaintiffs Walsh and Ammo Bros. under the First 21 Amendment to the United States Constitution;

22 4. A declaration that Defendants’ conduct complained of herein violates 23 the free speech rights of all Plaintiffs under the First Amendment to the United

24 States Constitution because it imposes a prior restraint on their speech; 25 5. A declaration that Defendants’ conduct complained of herein violates

26 the rights of assembly and association of all Plaintiffs under the First Amendment to 27 the United States Constitution;

28 6. A declaration that Defendants’ conduct complained of herein violates 39 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.40 Page 40 of 41

1 the rights of all Plaintiffs to equal protection under the law per the Fourteenth

2 Amendment to the United States Constitution;

3 7. A declaration that Defendants’ conduct complained of herein

4 constitutes a conspiracy to violate the civil rights of Plaintiffs under 42 U.S.C. §

5 1985.

6 8. An injunction prohibiting Defendant Ross, as Secretary of the

7 California Department of Food & Agriculture, from allowing the Defendants

8 District, Shewmaker, and Valdez to decide who may hold events at the Venue, a

9 public assembly facility, based on the viewpoint of or animus towards the event

10 promoter, vendors, or participants.

11 9. An injunction prohibiting Defendants District, Shewmaker, and Valdez,

12 or any of their agents, from discriminating against members of the public in the use

13 of state-owned, District-managed facilities based on the viewpoint of or animus

14 towards the event promoter, vendors, or participants. 15 10. An injunction compelling Defendants to allow Plaintiff Crossroads to

16 contract for, promote, and hold its gun shows at the Venue on the 2019 dates 17 promised via email from Defendants to Plaintiff Crossroads on or about July 5,

18 2018; 19 11. An order for damages according to proof;

20 12. An order for punitive damages against Defendants District, 21 Shewmaker, and Valdez, for action taken with malice, oppression, and wanton

22 disregard for the law in engaging in political viewpoint discrimination; 23 13. An award of costs and expenses, including attorney’s fees, pursuant to

24 42 U.S.C. § 1988 or other appropriate state or federal law; and 25 14. Any such other relief the Court deems just and equitable.

26 / / / 27 / / /

28 / / / 40 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1 Filed 01/21/19 PageID.41 Page 41 of 41

1 DEMAND FOR JURY TRIAL

2 Pursuant to rule 38 of the Federal Rules of Civil Procedure, Plaintiffs demand

3 a trial by jury in the above-captioned action of all issues triable by jury.

4

5 Dated: January 21, 2019 MICHEL & ASSOCIATES, P.C.

6 s/ C. D. Michel

7 C. D. Michel Counsel for Plaintiffs B & L Productions, Inc., 8 Barry Bardack, Ronald J. Diaz, Sr., John

9 Dupree, Christopher Irick, Lawrence Walsh, Maximum Wholesale, Inc., California Rifle & 10 Pistol Association, Incorporated, South Bay

11 Rod and Gun Club, Inc.

12 Dated: January 21, 2019 LAW OFFICES OF DON KILMER

13 s/ Don Kilmer 14 Don Kilmer 15 Counsel for Plaintiff Second Amendment Foundation 16 17

18 19

20 21

22 23

24 25

26 27

28 41 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:19-cv-00134-CAB-NLS Document 1-1 Filed 01/21/19 PageID.42 Page 1 of 2

EXHIBIT 1 TABLE OF FAiRGROUND INFORMATION

. Property Incorporated Unincorporated Site Area Case 3:19-cv-00134-CAB-NLSDocument1-1Filed01/21/19PageID.43Page2of Fair Name and Location , Vesting Title Ownership Ownership in City in County —(Acres) — 14th DAA, Santa Crnz County Fair, —14th DAA — —Unincorporated 14th District Agricultural Association, an 105 DAA —Watsonville Santa Cruz County institution— of the State of California 15th DAA Kern County Fair, Lease from Kern Unincorporated County of Kern, a political subdivision of 16$ County Bakersfield (Leased) County Kern County the State of California

16th DAA, Mid-State Fair, 16th DAA City of El Paso de State of California as to Lots 3, 5,6,7,8 42 DAA Paso Robles Robles and 10 in Block 1; and 16th District Agricultural Association , as to the remainder

17th DAA, Nevada County Fair, 17th DAA No infoimation available 100 DAA Grass Valley

18th DAA, Eastern Sierra Tn-County Lease from Los City of Bishop The City of Los Angeles, a Municipal 65 LADWP Fair, Angeles Water and Corporation Bishop Power

19th DAA, Earl Warren Show grounds, 19th DAA Unincorporated State of California, acting by and through 34 DAA Santa Barbara Santa Barbara the manager of the 19th District County Agricultural Association, with the approval of the California Department of Food and Agriculture, who acquired title as 19th District Agricultural Association

20th DAA, Gold Countiy fair, 20th DAA City of Auburn 20th District Agricultural Association, and 38 DAA Auburn Institution of the State of California

21st DAA, Big Fresno fair, Lease from Fresno Unincorporated The County of Fresno, a public $2 DAA Fresno County Fresno County corporation.

21-A DAA, Madera District fair, 21-A DAA Unincorporated 21-A District Agricultural Association, an 165 County Madera Madera County Institution of the State of California, as to Parcels 1 and 3; and 21-A District Agricultural Association, as to Parcel 2

22nd DAA San Diego County Fair, 22nd DAA Unincorporated San 22nd District Agricultural Association of 364 DAA Del Mar Diego County the State of California

23rd DAA, Contra Costa County Fair, 23rd DAA Unincorporated 23rd District Agricultural Association, an $0 DAA Antioch Contra Costa institution of the state of California, as to County parcels one and two, the State of California, as to parcel three.

final December 31, 2010 Page 35 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.44 Page 1 of 71

EXHIBIT 2 11/29/2018 Case 3:19-cv-00134-CAB-NLSDel Mar Fairgrounds DocumentDel Mar1-2Fairgrounds Filed 01/21/19E’ents Calendar PageID.45January2018 Page 2 of 71 I

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NOTICE OF MEETING Please Note location and time change**

The 22nd DM Board of Directors meeting is scheduled for Tuesday, September 11, 2018 at 10:00 a.m. at Surfside Race Place in the Sports Club on the second floor, Del Mar Fairgrounds, 2260 Jimmy Durante Blvd., Del Mar, California, to consider the attached agenda.

22nd District Agricultural Association Board of Directors

Steve Shewmaker, President Russ Penniman, Director Richard Valdez, Vice-President Frederick Schenk, Director Lisa Barkett, Director Pierre Sleiman, Director Lee Haydu, Director David Watson, Director Kathlyn Mead, Director

*Thjs notice is also available on the Internet at: irfajrrojporn

MISSION STATEMENT To manage and promote a world class, multi-use, public assembly facility with an emphasis on agriculture, education, entertainment, and recreation in a fiscally sound and environmentally conscientious manner for the benefit of all. Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.78 Page 35 of 71

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BOARD OF DIRECTORS MEETING SEPTEMBER 11, 2018 @ 10:00 a.m. AGENDA

Persons wishing to attend the meeting and who may require special accommodations pursuant to the provisions of the Americans with Disabilities Act are requested to contact the office of the General Manager, (858) 7554161, at least five working days prior to the meeting to insure proper arrangements can be made.

Items listed on this Agenda may be considered in any order, at the discretion of the chairperson.

This Agenda, and all notices required by the California Bagley-Keene Open Meeting Act, are available on the internet at: www.delmarfairgrounds.com

I. CALL TO ORDER - PRESIDENT STEVE SREWMAKER

II. ROLL CALL PAGE III. DIRECTORS REOUEST 5 A. Future of Gun Shows at the Del Mar Fairgrounds (Informational)

IV. CONTRACTS OVERSIGHT COMMITTEE 99 A. Consideration of future Gun Shows at the Del Mar Fairgrounds beyond December 31st 2018. (Informational/Action)

V. PUBLIC COMMENT - GUN SHOW RELATED Speakers are requested to sign in prior to the start of the meeting and are limited to two minutes. Speaker’s time maybe modified based on the number of public speakers. Public comments on agenda items will be accepted during the meeting as items are addressed. Public comment on issues NOT on the current Agenda is allowed. However, no debate by the Board shall be permitted on such public comments and no action will be taken on such public comment items at this time, as law requires formal public notice prior to any action on a docket item. There will be no ceding of time.

BOARD LUNCH BREAK NOON - 1:30pm

VI. CONSENT CALENDAR 100 The items on the Consent Calendar will be enacted in accordance with recommended action under one motion unless trailed from the Consent Calendar by the Board. Any member wishing to trail an item from the Consent Calendar should notify the General Manager prior to the meeting. Trailed items will be considered after the motion to approve the Consent Calendar.

A. Minutes, Regular Meeting, August 14, 2018 101-106 B. Out of State Travel Approval 107 C. 22nd District Agricultural Association (DM)/Sponsorship Contracts Approval 108 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.79 Page 36 of 71

VII. MANAGERS REPORT 109 The Board may take approval action on the Manager’s Report:

A. Events Report (Informational) 110-113 3. Scream Zone Update (Informational) 114-115 C. Other (Informational)

VIII COMMITTEE REPORTS 116 The Board may take approval action on Committee Reports and New Committee Assignments:

A. Fair Operations Committee — Frederick Schenk, Chair 1. 2018 San Diego County Fair Grounds Stage Entertainment Contracts Approval (Action) 117 2. 2018 San Diego County Fair Wrap-Up (Informational) 118 3. 2019 San Diego County Fair Grandstand Entertainment Contracts Approval (Action) 119 4. 2019 San Diego Fair Proposed Dates (Informational/Action) 116 5. 2019 San Diego County Fair Proposed Theme (Informational/Action)

3. DMTC/Satellite Wagering Committee — Russ Penniman, Chari 1. DMTC Race Meet Report Wrap Up(Informational) 120 2. Satellite Wagering Report (Informational) 121

C. Finance Committee — Russ Penniman, Chair 1. Approval for New IBank Loan Negotiation (Informational/Action) 122 2. 2019 Budget Timeline (Informational/Action) 123 3. Annual Audit Update (Informational) 124

D. Contracts Oversight Committee — Steve Shewmaker, Chair 1. Cirque du Soleil (Informational/Action) 125

E. KAABOO Ad Hoc Committee - Richard Valdez, Chair 1. Committee Report (Informational)

F. Food & Beverage Committee — Lisa Barkett, Chair

1. Premier P&L Statement — July 2018 (Informational/Action) 126

G. SSRP Alternative Uses Committee — Steve Shewmaker, Chair 1. Surfside Race Place renovation update (Informational)

H. Legal Committee — Richard Valdez, Chair 1. Committee Report (Informational/Action)

IX. PUBLIC COMMENT

Speakers are requested to sign in prior to the start of the meeting and are limited to two minutes. Speaker’s time maybe modified based on the number of public speakers. Public comments on agenda items will be accepted during the meeting as items are addressed. Public comment on issues NOT on the current Agenda is allowed. However, no debate by the Board shall be permitted on such public comments and no action will be taken on such public comment items at this time, as law requires formal public notice prior to any action on a docket item. Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.80 Page 37 of 71

X. CLOSED EXECUTIVE SESSIONS (NOT OPEN TO THE PUBLIC) Pursuant to the authority of Government Code section 11126(a), (b), and (e),the Board of Directors will meet in closed executive sessions. The purpose of these executive sessions is:

A. To confer with and receive advice from legal counsel regarding potential litigation involving the 22nd DAA. Based on existing facts and circumstances, there is significant exposure to litigation against the 22nd DAA. B. To confer with and receive advice from legal counsel regarding potential litigation involving the 22nd DAA. Based on existing facts and circumstances, the Board of Directors will decide whether to initiate litigation. C. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd DAA is a party. Guillermo Munoz v 22nd DM, Claim No. 7030090048. D. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd DAA is a party. Jose Luis Morales v 22nd DAA, 4th District Court of Appeal, Division 1, Case No. D067247. E. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd DAA is a party. Gillian Brown v 22nd DAA, United States District Court, Southern District of California, Case No. 15CV2578. F. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd DAA is a party. Aegis Software, Inc. v 22nd DAA, United States District Court, Southern District of California, Case No. 15CV2956. G. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd DM is a party. Arthur Senteno v 22nd DAA, San Diego County Superior Court, Case No. 37-2016-00005557-CU-WT-CTL. H. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd DAA is a party. Zweig v. 22nd DM, San Diego County Superior Court, Case No. 372018-0024143

XL RECONVENE TO OPEN SESSION A. Report on actions, if any, taken by the Board in closed executive session.

XII. DIRECTORS CLOSING COMMENTS

XIII. FOR YOUR INFORMATION 127 A. 22nd DAA Financial Statements 128 B. Satellite Wagering Operating Statement C. RTA & RTLC Financial Reports 129-130 D. Correspondence

XIV. ADTOURNMENT

9/6/2018 5:27 PM Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.81 Page 38 of 71

PAGE III. DIRECTORS REQUEST 5

A Future of Gun Shows (Informational/Action)

1. Gun Show Policy Report (Informational) 6-71

2. Summary of Past and Current Gun related Litigation (Informational) 72-74

3. Crossroads of the West Information by Tracy Olcott (Informational) 75-81

4. Correspondence — Gun Show(Informational) 82-98

Page 5 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.82 Page 39 of 71

Gun Show Policy Report

To: President - 22nd District Agricultural Association and Board of Directors From: Timothy J. Fennel CEO / General Manager Date: September 11, 2018 Subject: Gun Show Policy

Discussion / History: B & L Productions has been producing Gun Shows for 30 years since 1988 at the Del Mar Fairgrounds. Annually they host five separate two day shows averaging between 6,000 to 10,000 people per weekend. Staff reports the show producers are very corporative, they fulfill contract deposits on time, they comply with all requirements from law enforcement and have very little internal issues in managing the event.

Pros: Pros of having gun shows at the Del Mar Fairgrounds may include obtaining a steady revenue stream from loyal patrons and branding developed over the 30 year history. The events are well known meeting the needs of gun show enthusiasts in San Diego. The show supports temporary jobs for security personnel, contractors, vendors, food and beverage, medical staff, other event personnel. The large number of attendance per show generates exposure to the fairgrounds through their marketing efforts.

Cons: Cons of having Gun shows include local protests from the anti-gun community, potential general safety concerns, backlash from supporting sensitive issues, and hesitation from other potential promoters wanting to have their event on the same weekend.

Fiscal Impact:

See attached profit and loss statement

Environmental Impact:

N/A

Recommended Action:

Refer to 22nd DAA Board of Director’s proposal

Requested dates for 2019 are as follows:

March 16-17, 2019 May 18-19, 2019 July 13-14, 2019 October 5-6, 2019 December 14-15, 2019

Page 6 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.83 Page 40 of 71

Team Report — Name of project Page 2

PAGE Attachments:

• P & L statement $ • Governmental licenses 9-13 • Laws and Regulations pertaining to California Gun Shows 14-2 5 • Reported crimes from the SD Sheriffs Department 27 • Annual Event and Security Plan 28-2 9 • Miscellaneous information attached 3071

Page 7 Case 3:19-cv-00134-CAB-NLSDocument1-2Filed01/21/19PageID.84Page41of71 2017 DMF GUN SHOW PROFIT AND LOSS

Revenue 3/18 & 19/2017 5/20 & 21/2011 7/15 & 16/2017 9/30 & 31/2017 12/9 & 10/2017 Yearly Totals Rental Revenue $ 21,525.00 $ 13,600.00 $ 13,600.00 $ 21,325.00 $ 21,325.00 $ 91,375.00 Ancillary Revenue $ 22,197.31 $ 20,704.88 $ 20,000.00 $ 20,788.13 $ 22,062.19 $ 105,752.51 F&B Revenue $ 30,671.00 $ 27,870.00 $ 31,588.00 $ 32,298.00 $ 38,101.00 $ 160,528.00 Parking Revenue 33,352.00 37,814.00 35,139.00 34,100.00 .. 32,147.00 $ 177,552.00 Per Show Revenue $ 112,745.31 $ 99,988.88 $ 100,327.00 $ 108,511.13 $ 113,635.19 $ 535,207.51

Expenses Rental $ 2,152.50 $ 1,360.00 $ 1,360.00 $ 2,132.50 $ 2,132.50 $ 9,137.50 Ancillary expenses $ 19,977.58 $ 18,634.39 $ 18,000.00 $ 18,709.32 $ 19,855.97 $ 95,177.26 F&B expenses $ 20,856.28 $ 18,951.60 $ 21,479.84 $ 21,962.64 $ 25,908.68 $ 109,159.04 Parking expenses $ 3,835.20 $ 3,781.40 $ 3,513.90 $ 3,410.00 $ 3,214.70 $ 17,755.20 Total per show expenses $ 46,521.56 $ 42,727.39 $ 44,353.74 $ 46,214.46 $ 51,111.85 $ 231,229.00

Net revenues $ 65,923.75 $ 57,261.49 $ 55,973.26 $ 62,296.67 $ 62,523.34 $ 303,978.51

2018 DMF GUN SHOW PROFIT AND LOSS

Revenue 3/24 & 25/2018 5/26 & 27/2018 7/21 & 22/2018 Yearly Totals Location Rental $ 10,790.00 $ 13,600.00 $ 9,400.00 $ 33,790.00 Ancillary $ 19,549.00 $ 20,025.94 $ 19,436.25 $ 59,011.19 F&B $ 25,226.84 $ 18,285.00 $ 16,987.83 $ 60,499.67 Parking $ 32,352.00 $ 38,150.00 $ 30,139.00 $ 100,641.00 Per Show Revenue $ 87,917.84 $ 90,060.94 $ 75,963.08 $ 253,941.86

Expenses Rental $ 1,079.00 $ 1,360.00 $ 940.00 $ 3,379.00 Ancillary expenses $ 17,594.10 $ 18,023.35 $ 17,492.63 $ 53,110.07 F&B expenses $ 17,154.25 $ 12,433.80 $ 11,551.72 $ 41,139.78 Parking expenses $ 3,235.20 $ 3,815.00 $ 3,013.90 $ 10,064.10 Total per show expenses $ 39,062.55 $ 35,632.15 $ 32,998.25 $ 107,692.95

Net revenues $ 48,855.29 $ 54,428.79 $ 42,964.83 $ 146,248.91

Notes: Rental expenses are applied to janitorial and maintenance staff, power, supplies and wear and tear. Ancillary expenses are billed to the promoter to cover audio visual equipment, medical, district security, Elite security, maintenance equipment, parking directors, and law enforcement. Parking revenue is estimate based on number other activity held at the fairgrounds.

Page 8 ______

Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.85 Page 42 of 71 -

1958466 STATEMENT AND DESIGNATION In the office of the Secretary of State of the State at California BY

DEC 2 7 .19 FOREIGN CORPORATION

BILL JONES, Sejiry of State B & L PRODUCTIONS, INC. (Name of Crporation) a corporation organized Utah and existing under the laws of -, makes the following (State or Place of Incorporation) statements and designation:

1. The address of its principal executive officeis -3-2 South Mountain Road,

Fruit Heights, Utah 84037 (Insert complete address of principal executive office wherever located.) DO NOT USE POST OFFiCE BOX

2. The address of its principal office in the State of California is -

2017 Redwood Road, Napa, California 94558 (Insert complete address of principal office in Coiilornioi DO NOT USE POST OFFiCE BOX

DESIGNATION OF AGENT FOR SERVICE OF PROCESS IN ThE STATE Of CAUFORNL& (Complete Either Item 3 or hem 4) 3. (Use this paragraph II the process Qgeflt is a natural person.)

Jean Crawford

a natural person residing in the State of California. whose complete address

is 2017 Redwood Road, Napa, California 94558

DO NOT USE POST OFFiCE BOX

is designated as agent upon whom process directed to the undersigned corporation

may be served within the State of California, in the manner provided by law.

Page 1 c2 Secretaiy of SIae forty S&DG

Page 9 ______

Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.86 Page 43 of 71

4. (Use this paragraph II the process agent is a corporation.)

a corporation organized

and existing under the laws of . is designated as agent upon

whom process directed to the undersigned corporation may be served within the

State of California. in the manner provided bylaw.

NOTE: Before a corporation may be designated by any other corporation as an agent for service of process, Q corporate agent must have complied with Section 1505, Cafflornia Corporations Code.

5. The undersigned corporation hereby irrevocably consents to service of process

directed to it upon the agent designated above, and to service of process on the

Secretary of State of the State of California if the agent so designated or the agent’s

successor is no longer authorized to act or cannot be found at the address given.

B & L PRODUCTIONS, INC. (Name of Ccrration)

(Signature of Orpccx1e Officer)

Robert R. Templeton, President (fyped Name and Title of Officer Signing)

Page 2o!2 Secrefay of &ole form S&DC.G

Page 10 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.87 Page 44 of 71

-:zz;;;---

CERTIIICATION OF GOOD STANI1NG

THE UTAH DIVISION OF CORPORATIONS AND COMMERCIAL CODE HEREBY CERTIFIES THAT

B & L PRODUCTIONS, INC.

is a Utah corporation and is qualified to transact business in the State of Utah, and that its most recent annual report required by Utah law has been filed, and that Articles of Dissolution have not been filed. A Certificate of Incorporation was issued from this office on December 29, 1989 and said corporation is in good standing, as appears of record in the offices of the Division.

This certification is not intended to reflect the financial condition, business activity or practices of this corporation.

File Number: CO 139867

!)uted this 20th ctuj

of December j, 95

Korla T. Woods Director, Division of Corporations and Commercial Code Page 11 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.88 Page 45 of 71

State of California E-P61 324 Secretary of State FILED Statement of Information In the office of the Secretary of (Foreign Corporation) State of the State of California

FEES (Filing and Disclosure): $25.00. If amendment, see instructions. Nov - 29 2012

IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM This Space For Filing Use Only 1. CORPORATE NAME Cl 958466 B & L PRODUCTIONS, INC. LEANN VAN BROCKLIN P0 BOX 290 KAYSVILLE UT 84037

DUE DATE: No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.) 2. If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 12.

If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement has been previously filed, this form must be completed in its entirety.

Complete Addresses for the Following (Do not abbreviate the name of the city. Items 3 and 4 cannot be P.O. Boxes.) 3. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 280 N 900 W KAYSVILLE UT 84037

4. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE

5, MAILING ADDRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 3 CITY STATE ZIP CODE LEANN VAN BROCKLIN P 0 BOX 290 KAYSVILLE UT 84037 Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered.) 6. CHIEF EXECUTIVE OFFICER) ADDRESS CITY STATE ZIP CODE ROBERT R TEMPLETON 2300 E CEDAR PL CHANDLER, AZ 85249

7. SECRETARY ADDRESS CITY STATE ZIP CODE LESLIE LASHER 2433 W ENFIELD WAY CHANDLER, AZ 85286

8. CHIEF FINANCIAL OFFICER) ADDRESS CITY STATE ZIP CODE LYNN S TEMPLETON 2300 E CEDAR PL CHANDLER AZ 85249 Agent for Service of Process (If the agent is an individual, the agent must reside in California and Item 10 must be completed with a California street address (a P.O. Box is not acceptable). If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 10 must be left blank.) 9. NAME OF AGENT FOR SERVICE OF PROCESS JEAN CRAWFORD

10. STREET ADDRESS OF THE AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODI 313 STACEY WAY NAPA, CA 94558 Type of Business 11. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION TRADE SHOW (GUNSHOWS)

12. THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT.

11/29/2012 TRACY I OLCOTT VP

DATE TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM TITLE SIGNATURE

S1-350 (REV 10/20101 APPROVED BY SECRETARY OF STATE

Page 12 ______

Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.89 Page 46 of 71

State of CaNfornia L Secretary of State Statement of Information FT05269 (Foreign Corporation) FEES (Filing and Disclosure): $25.00. FILED If this is an amendment, see instructions. In the office of the Secretary of State IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM of the State of California 1. CORPORATE NAME DEC-19 2017 B & L PRODUCTIONS, INC.

2. CALIFORNIA CORPORATE NUMBER C1958466 This Space for Filing Use Only

No Change Statement (Not applicable if agent address of record is a P.O. BOX address See instructions.) If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed in its entirety. If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 13.

Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.) STREET 4, ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE

STREET 5. ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE

6. MAILING ADDRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE

Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the prephnted titles on this form must not be altered.)

7. CHIEF EXECUTIVE OFFICER! ADDRESS CITY STATE ZIP CODE

8. SECRETARY ADDRESS CITY STATE ZIP CODE

9. CHIEFFINANCIALOFFICER! ADDRESS cITY STATE ZIPCODE

Agent for Service of Process If the agent is an indMdual, the agent must reside in Califomia and Item II must be completed with a California street address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 11 must be left blank. 10. NAME OF AGENT FOR SERVICE OF PROCESS

11. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE

Type of Business 12 DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION

I r 13. THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT, /, I 12/19/2017 LEANN VANBROCKLIN ACCOUNTING / /ó4& DATE TYPEIPRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE Sl-350 (REV 0112013) APPROVED BY SECRETARY OF STATE Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.90 Page 47 of 71

To: Board of Directors 22 District Agricultural Association

From: Patrick I. Kerins, Public Safety Director 22nd District Agricultural Association

Via: Mr. Timothy Fennell, General Manager 22nd District Agricultural Association

Subject: Laws and Regulations pertaining to California Gun Shows

In preparation for your Board meeting on November 15, 2016 reference the letter from Mr. Wayne Demtz relative to the Crossroads of the West Gun Show, I am providing you the following historical information relative to the Crossroads of the West Gun Show and the California rules, regulations and laws that govern gun shows. As you will note in the report, I communicated with law enforcement to see if any of the information had to be updated but according to the San Diego Sheriffs Department that regulates the gun show I was advised that all the applicable rules, regulations and laws are as applicable today as they were in 1999.

With that said, in 1999, then Director Louis Wolfsheimer requested that a staff report be prepared to answer two questions he had regarding the gun show held at the Fairgrounds.

Mr. Wolfsheimer’ s maj or concerns were:

- can a patron attending a gun show on District property purchase a firearm without any checks or waiting periods that are required by law when guns are purchased from retail dealers off fairground property?

- secondly, does the District have in place proper internal oversight and mechanisms requiring the promoter and the vendors to comply with all applicable laws that regulate the sale and transfer of firearms?

In order to address Director Wolfsheimer’s concerns as to whether firearms being sold or transfer on District property are in compliance with applicable federal, state and local laws, I contacted the Commander of the Encinitas Sheriffs station who has primary law enforcement jurisdiction pertaining to any such matters on District property. I was subsequently directed to the San Diego County Sheriffs Department Licensing Division. The San Diego County Sheriffs Department has regulatory jurisdiction in licensing and enforcement of gun shows. At the time, I was directed to Detective Tom Morton who was a licensing specialist who had considerable expertise in the area of statutory regulations and compliance for gun shows.

After reviewing Director Wolfsheimer’ s letter at my request, Detective Morton made an unsolicited statement that the Crossroads of the West Gun Show is one of the best gun

Page 14 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.91 Page 48 of 71

shows for compliance with all state and federal regulatory statutes that apply to the sale and transfer of firearms. Detective Morton said, in his opinion, The Crossroads of the West Gun Show was more a sports show. He based that on the fact that the show appears to have just as many vendors selling hunting equipment, clothes and accessories as firearms. In fact, he said the promoter should call it the “CROSSROADS Of THE WEST SPORTS SHOW” instead of gun show.

Detective Morton said that any firearm sold or transferred at the Crossroads of the West Gun Show must meet the same requirements as if the fireann was purchased from an off- site licensed vendor. All sales and transfers are subject to compliance with Penal Code sections 12071 and 12072 that regulate Gun Shows. In essence, those particular statutes requires the purchaser and seller to:

• produce valid identification and a firearms safety certificate • prepare a CA. Dept. of Justice dealer record of sale • prepare a Bureau of Alcohol, Tobacco and Firearms form 4473 (federal record of sale form) • wait the required ten day waiting period for both the state and federal authorities to do a background check to determine if the person is qualified to own a firçanm This applies to any transaction whether from a vendor or via private parties.

The only exception to the above requirements is for firearms made prior to 1 89$ and are classified as antiques.

As for the promoter of the Crossroads of the West Gun Show, Mr. Bob Templeton, Detective Morton said he was in full compliance with the requirements set-forth in Penal Code section 12071 which regulate gun shows. Those requirements are:

• that he possess a Certificate of Eligibility issued by the California Department of Justice. This certificate is issued after a thorough background check is completed on the applicant. • that he produce a list of all vendors that sell firearms (35 of the 265 gun show vendors) 72 hours prior to the event. Detective Morton and the California Department of Justice validates that they are all licensed vendors.

As for actual vendors, Detective Morton said that all vendors that participate in the gun show are in compliance with all the state and federal regulations. They all possess the following documents:

• federal firearms License issued by the Bureau of Alcohol, Tobacco and firearms. • Certificate of Eligibility issued by the California Department of Justice. • sellers permit issued by the State Board of Equalization. • California firearms Dealer (CfD) number issued by the California Department of Justice. This certificate validates that the vendor is a fully licensed California gun dealer. Participating in a gun show is an extension of the dealer’s retail business. In

Page 15 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.92 Page 49 of 71

essence, selling and transfer of a firearm must meet the same legal requirements as if the firearm was purchased at a licensed retail shop. • any firearm purchased must be retained by the dealer for ten days before being transferred to the purchaser. This allows the state and federal government to do a thorough background check. In the case of private party transactions, a licensed vendor must facilitate the transaction and retain possession of the firearm for the ten days. A fee is charge to the purchaser to off-set any administrative overhead incurred by the vendor

In order to ensure compliance with the aforementioned regulatory statutes and in accordance with section 12071.1(8) (i) Gun Show Security plan, Detective Morton, in cooperation and support with District Security, conducts both an overt and covert inspection of all our gun shows. Each gun show is policed by four uniformed San Diego County Deputy Sheriffs and a team of undercover Detectives from the Sheriffs Licensing and Explosive Ordnance Unit. Their mission is to:

• observe firearm transactions and compliance with all appropriate state and federal statutes. • monitor private party transactions • look for any illegal weapons • monitor the crowd for any parole violators or any other person prohibited from owning a firearm

It should also be noted that Agents from the California Department of Justice and the Bureau of Alcohol, Tobacco and firearms do site inspections as well.

Detective Morton, at the time, stated that the Crossroads of the West Gun Show was in frill compliance with local, state and federal regulatory statutes. In his tenure of monitoring the Gun Show nominal violations had been recorded. In addition to Detective Morton’s assessment of the Crossroads of the West Gun Show, the Criminal Justice Information Services Division of the State Attorney General’s Office also stated that the Crossroads of the West Gun Show was in full compliance with all applicable laws of the state and federal govermnent. Detective Morton said that most of the publicity in reference to gun show loopholes was associated with states that do not have regulatory statutes pertaining to the possession, sale and transfer of weapons at gun shows.

Detective Morton also addressed the issue of firearms that meet the definition of an assault weapon. Detective Morton said that the California Assault Weapons Control Act includes a list of semiautomatic firearms which are identified “assault weapons”. Accordingly, those firearms which are specified in Penal Code section 12276 are assault weapons and are illegal to possess, sell or transfer by any means. fully automatic weapons are illegal and CANNOT be obtained at gun shows. As to the recent passage of Proposition 63, the sales of ammunition at the gun show will have to meet all the legal requirements of the State ballot measure. In regards to the sale of ammunition, purchasers will be required to obtain a permit from the California

Page 16 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.93 Page 50 of 71

Department of Justice, In reference to firearm safety, prior to purchasing and taking possession of a firearm, the purchaser must take a firearms safety course and upon successfully passing the test will be issued a Firearms Safety Certificate which is required to purchase a firearm.

As Chief of Security for the 22w’ DAA, I routinely inspect the gun show and on a regular basis communicate with the San Diego Sheriffs Department re: compliance with all the applicable laws and regulations and the Security Plan required by the California Department of Justice Firearms Division. I recently spoke to Detective Jaime Rodriguez of the Sheriffs North Coastal Station who supervises the four Deputies assigned to the gun show security detail and Detective Stacey Smith who is assigned to the Sheriffs Licensing Division. Both Detectives said the Crossroads of the West Gun Show is in complete compliance with all the local, State and federal laws that govern gun shows and that there have not been any violations of law. Both Detectives had high praise for the show promoters and the 22 DAA staff.

In addition, the District is in full compliance with the Division of fairs and Expositions rules and regulations that mandates that all District Agricultural Associations include specific language and terms into all contracts for shows and events where participants display, possess or sell firearms or other weapons.

The CROSSROADS Of THE WEST GUN SHOW has been affiliated with the District for approximately 30 years. Robert R. Templeton is the president of the show and produces fifty two (52) gun shows each year in California, Arizona, Utah, Colorado and Nevada. He is a chartered member of the National Association of Arms Shows, an organization of gun show producers whose rules include the strictest compliance with the law and safety requirements of any gun shows in America. Approximately thirteen (5%) percent of the 265 vendors that participate in the Crossroads of the West Gun show sell firearms. Currently, his daughter-in-law, Tracey Olcottt, manages the event and is the holder of the required Certificate of Eligibility issued by the California Department of Justice.

In my considered opinion, as Chief of Security for the 22nd DAA for the last 17 years, the CROSSROADS Of THE WEST GUN SHOWS (5 per year) are in compliance with all the local, state and federal regulatory statutes and have operated without any violations of those laws. Under the laws of the State of California you must comply with all the laws of purchasing, selling and/or transferring of firearms at a gun show as you would at licensed gun dealer’s store. Due to the strict California gun show regulations there are no so called ioop holes that you so oflen hear about in the media.

It should be further noted, that in 2016 California voters passed Proposition 63, which will comprehensively regulate ammunition sales in California. Per Proposition 63, beginning January 1, 2018 the following rules and laws governing the sale ammunition in the State of California will take effect:

Page 17 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.94 Page 51 of 71

• Beginning January 1, 2012, individuals who sell more than 500 rounds of ammunition in any month will be required to obtain an annual state issued license and will be required to conduct ammunition sales at specified business location or gun shows. • State of California Department of Justice will issue ammunition vendor licenses to individuals who provide specified documentation, including a certificate of eligibility verifying that they passed a background check. Those dealers already licensed as firearm dealers are precluded. • Dealers will be required to report loss or theft of ammunition from their inventory. • Ammunition sales will have to be conducted by or processed through a licensed vendors. • Beginning July 1, 2019, licensed anununition vendors will be required to record, maintain and report to DOJ records of ammunition sales in a manner similar to dealer’s records of sales for firearms purchases. • Beginning July 1, 2019, licensed ammunition vendors will be prohibited from selling or transferring ammunition until first conducting a background check to verify that the person receiving the ammunition is legally eligible. • Ammunition cannot be sold to anyone under the age of 12. Handgun ammunition can only be sold to those 21 years of age or older. • All ammunition at Gun Shows must be displayedin closed containers. In addition, no person at a Gun Show in California, other than Security personnel or sworn peace officers, can possess at the same time both a firearm and ammunition that is designed to be fired in the firearm.

Patrick J. Kerins, Public Safety Director 22’’ District Agricultural Association

Page 18 ______

Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.95 Page 52 of 71

EXHIBITOR CONTRACT REQUIRED BY CALIFORNIA STATE LAWA8. 295

As a participant at this gun show, I agree to abide by the foltowing terms and conditions:

I avote that I will not deliver any wesmon at the show in violation of the ten day waiting period by California law I UNDERSTAN1) THAT ALL FIREARMS, iNCLUDING CURIOS AND RELICS, ARE SUBJECT TO THE WAITING PERIOD AND DROS. REPORTING REQUIREMENTS and that the sale of any or transfer fire-ansi, except as noted abuse, most be completed through a fully license-U desler. The only exceptions are antique Eve-arms memifactured prior to December 31, 1891. Any antique handgun which fires ammunition readily availatsle in commercial channels is subject to the sante requirements for backgroisnd cheeks and waiting periods as non-antique firearms.

I understand that California law requires that all firearm teimsactions must be processed by a licensed dealer in comptiance with D.R.OS. nd other requirements, and I agree not to deliver any lirearm without complying with the transfer procedures required by Galbnrnia law. Further. I aerte hi comply with all federal and local laws and with allfacility and show rides.

SAFETY RULES: I AGREE TO INDIVIDUALLY CHECK AND CLEAR EACH AND EVERY FIEEARM WHICH I BRING TO THE 8110W OR WHICH ANY PERSON THAT I BRING TO THE SHOW HAS IN ‘THEiR POSSESSION. TJ-HS INClUDES PERSONAL ‘CARRY’ GUNS AS WELL AS ALL OF THE GUNS ON MY TABLE, UNDER MY TABLE. IN MY BRIEFCASE OR IN MY PURSE OR ANY PLACE IN MY POSSESSIoN OR IN THE POSSESSION OF ANYONE WHO) IS WITH ME.

I WILL GORGE AND CLEAR EVERY FIEEARM IN MY POSSESSION PRIOR TO ENTERING THE BUILDING, ANI) TIE THE ACTION WITH A NYLON TIE WHICH WILL BE PROVIDED BY SHOW MANAGEMENT PRIOR TO PLACING ANY FIREARM ON MY TABLE FOR DISPLAY, I spree to remove, sit detachable magazines from any firearms in my possession or in my display. I understand thai no loaded magazines are permitted in the showfor any reason.

Ptsrsuunt to the provision of A.B. 295, Chapter 247, 1 cerfif)’ that:

I wilt not display, posses, or offe-r for sale any fire-avow, knives, or weapons for which possession or sale is prohibited.

1 sciusowledge that I responsible am for knowing and complying with all applicable federal, stare, and local laws dealing with the possession and transfer of tue-arms or may othet item regulated by California law,

will net ertgsee in activities that Incite or eticoucage hate crimes.

I wilt process all transfers of firearms through licensed firearms dealers as required by state law. i win verify that all firearms in my possession at the shim’ or event will be unloaded, and that the fire5rms will he se-cured in a manner that prevents them from beittg operated except for brief periods whets the mechanical cnndlttott uI’s firearm is being demonstrated los prospective buyer.

I have complied with the provision of the law which requires that prior to the commencement of this gun show or event that I have proside-d the show producer with all of the following infortnstion relative to myself ( the vendor) my employees and other persons, compensated or not, who Will be working or othe-tvñse providing services at my display space if fire-anna manufactured after December 31. 1898 will be offered for sale: (I) Complete name, (2) driver’s license or state-issued identification card number and (3) date of birth.

nut display powder, I will or possess black or othte it for sale, (Some facilities prohibit the possession of ANY quantity of smokeleas posvdcc in the show, Check with show management for local restrictions.)

I will conduct alt flreat;tss transfers at the gun show ore-vent in accordance with applicable- state and federal laws.

I will display ammunition only in closed original factory boes or other closed containe.ta, except for pttrpuses of showing Ctontutsitiots to a p:n51’em-tive buyer

STRICTIN FORBIDDEN are the sne, display, possession, or heinging nOb the grounds of the gun hw or eve-tit the following: Atsy parts or sccesstsrius that may he used on any fire-atm as a sound suppressor or silencer, or that may be used to convert tCmi”autotnatic firearms to full automatic fire, Live cannon, attillesy shells, mines, grenades, or other destructive devices. Tear gas, or other antipersonnel sprays, shields, shells, canisters, projectiles, or other disabling devices such as repellents or cattle or other eie-ctric prods. Pepper gas may he offered for sale in some facilities cotitingent on strict compliance wkth California law and Crossroads Show Rules. Stun guns, unless power sources for such devices are packaged separasely. Ammttnition for whiclt the propellant is not contained in a metal casing (i.e. tuneless ammunition) Firearms capable of firing castle-st ammunition. i understand that this gun show is advertised to the public as a family eve-or, and that pornographic osaterials or items with c,bscette languago or graphics, including magazines, pictures. videos, bumper stickers, T-shirts, hats or other items which are offensive to fattnlics or individuals are strictly prohibited. IRucial, ethnic or hate materials, iticludina but not limited to Nazi, Communist or white supremacist propaganda are strictly prohibited, Tim display of such materials isa c,itne under A.B. 295.J. Display or sale of any prohibited [tents w;Il result in the immediate removal ot’ the offending dealer from the show tsi:d wilt be grounds for being banned from any fonts-c show’s.

I agree to indemnify and hold has-nile-st. including coy legal expenses, site prodtteci’s of this show, the- managers of this shoe-’, [heir employees or agents the owners, or snd the-operators and employees of the Facility in which the- thow is conducted, sad the State of California and itS political subdivisions, front tiny dansage, loss or IegI action resulting from the failure- to observe the preceding, or any intentiottal, unintentional or negligent act resulting its injury or damage. whether committed by myteif or any indivlclttal sharing toy space- or employed to work in the apace.

I tt,tderstand and agree rltot .vhowprothxcers ussr nor tiabte;br loss or rite-ft of or damage to, rtserchtttmdfee, and that! ant re-sponsthh: for my own merchandise at all times during which Ike show is open to the public and during all Itours wit ic’h the show i.r closet! to the pssbhtt.’.

I understand that activities show whiCh are compliance appliCable laws, any at thIs not in with California State Fair Board rsde or Show Producer’s ru1s arc grounds for expulsion this and that such violation of rates or the violation from show ni any federal state or local law will he grounds and for expulsion from this show exclusion from sixty future shows. -

I have read the fore-going and agree to abide by all show rules and applicable laws. I acknowledge that I have se-calved a copy uf this contract.

Print yonr name tegthly Signed

Date Show Location

Page 19 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.96 Page 53 of 71

CALIFoRNIA DEPARTMENT OF JUSTICE FEA1M$ DPJ1$ION ANNUAL EVENT AND SECURITY PLAN See instructions on reverse side before completing

Expiration Dete Endofs2rneflt Number

Contact Person (Name mid Title for Gun Show or Event Contest Telephone Number Contact FCGSLmIIC Number (Optional)

GUN SHOW OR EVENT (Use addftienal sheen afpiiprr as nscersny is cosiplete this Section)

. 7 Show(s) or Event(s) Name Date(s) ol Gun Show(s) or Event(s) iirne(s of Gun Show(s) or

,,.. Gun Snow or Event Fact) Lty Name Gun Show or trent facility Address Ctty Zip Cede

Giiri Shuw or Event F eel)

SECURPfl’

Estimated number of attendees at gun show or event

Estimarod number of vendors oitring firearms for ulc or display

Number oi non-sworn security personnel employed by the producer or the facility’s manager who will be present at the gun show or event

The number of swam peace ofEcem employed by the producer or the facility’s manager who will he present at the show or event

Number of entrances and melts at the gun show or event site

Ide.ctare undc’r penalty ofpeijuty (‘Fenat Code sections 126 and 127) that all statements mode by we on thrsAnnttat Event ondSacsuity Plan are true and compiate

SignatureandTitte Date

IiACHnY MANAGER APPROVAL Ideclare underpenatly ofoerfuty FenaI Coda section l26and 127,) thatf am the manager ofthe above namedfacitity and, in accordance with?enat Code section 12071.1 h), I have consulted with with the tow enforcement agency withJurisdiction over thefacility regarding this Annual Event nnd Security Plan, icerdfy that following toy congtttin with (ow enforcement, Ihave approved this Annual Event and Security Finn,

SignatureandTitle Date

FD 104 (12199) Over

Page 20 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.97 Page 54 of 71

$HOWREUI1EMENrf8

No person sha]l produee,promote, sponsor, operate or otherwise organize a gun show or event, unless that person possesses a valid certificate of eligibility (CUE) from the Department of Justice,

2. Certifies that he or she is familiar with the provisions of this section and Sectioi 2071.4. PC

3 Ensures that liability insurance is in effect for the duration of an event or show in an amount of not less than one million dollars ($1 ,000,Ot)0).

4. Provides ad annual list of The gun shows or events that the applicant plans to promote, produce, sponsor, operate, or otherwise organize during the year for which the CUE is issued, including the date, time and location of the gun shows or events.

5. Posting of required sigus.

6. Prior commencement of a gun show or event, the producer shall, upon written request, within 48 hours, bra later time specified by the requesting law enforcement agency, make available a comp1et and accurate list of aH persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent, any table, display space, or area at the gun show or event for th purpose of selling, leasing, or transferring firearms.

7. This applies to persons, entities, and organizations whether or not they participate in the entire gun show or event, or only a portion thereof.

8. The producer and facility manager shall prepare an annual event and security plan and schedule that shall incJude, at a minimum the following:

a. type of shows or events including, but not limited to, antique or general firearms; b. estimated number ofvendors offering firearms for sale or display; c. estimated number of attendees: d. number f entrances and exits at the gun show or event site; e. location, dates and times ofthe shows or events; f. contact person and telephone number for both the producer and facility; g. number of sworn peace officers employed by the producer or the facilities managCr whn will be present M the gun thow or event; 13, number of nonswom security personnel employed by the produebr or the facility’s manager who will be present at the show or event; i. The annual event and security plan shall be submitted by either the producer or the faility’s manager to the Dept. of Justice and the law enforcement agency with jurisdiction over the facility.

9. All producers shall have written contracts with all gun show vendors selling firearms at the show or event.

Page 21 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.98 Page 55 of 71

10. The producer shall be respOnsible for informing prospective gun show vendors df the requirernenis.

Ii, No person at a gun show or event, other than security personnel or sworn peace officers, shall possess at the same time both a firearm Ond ammunition that is designed to he fired in the firearm.

12. Vendors and employees of vendors shall wear nametags indicating first and last name,

13. No member of the public who is under the age of 18 years shall be admitted to, or be permitted to remain at, a gun show or event unless accompanied by a parent or legal guardian.

14. All gun show or event vendors shall certify in writing to the producer that they:

a. will not display, possess, or offer for sale any firearms, knives, or weapons for which possession or sale is prohibited; b. acknowledge that they are responsible for knowing and complying with all applicable federal, state, and local laws dealing with the pOssession and transfer of theanns; c. will not engage in activities that incite or encourage hate crimes; U. will process all transfers of firearms through licensed firearm dealers as required by state law; e. will veri’ that all firearms in their possession at the show or event will be unloaded, and that the firearms will be secured in a manner that prevents them from being operated except for brief periods when the mechanical condition of a firearm is being demonstrated to a prospective buyer; f. will not display or possess black powder, or offer it fpr sale; g. all firearms transfers at the gun show or event shall be in accordance with ap1icable state and federal laws; h. ammunition at a gun show or event may be displayed only in closed original factoiy boxes or other closed containers, except for purposes of showing ammunition to a prospective buyer; shall provide to producer information relative to vendor, the vendor’s employees and other persons, eompensated.or not, who will be working or otherwise providing services to the public at the vendor’s display space j. his or her complete name; k. his or her driver’s license or state-issued identification card; 1. His or her date of birth.

15, All firearms carried onto tho premises of a gun show or event by members of the public shall be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and, an identjfication tag or sticker shall be attached to the firearm, prior to the person being allowedadmittance.to the show. The identification tag or sticker shall state that all firearms transfers between pri’te parties at the show or event shall be conducted through a licensed dealer in accordance with applicable slate and federal laws.

16, The person possessing the firearm shall complete the following information on the tag before it is attached to the firearm: a. Gun owner’s signature, printed name and identification number from government issued phpto identification.

Page 22 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.99 Page 56 of 71

ents

• Vendors and employees of vendors shall wear nametags indicating name. first and last

• WIll not display, possess, or offer for sale any firearms, knives, or weapors for possession or sale is prohibited. which

• Acknowledge that they are responsible for knowing and complying applicable with all federal, state and local laws dealing with possession firearms, and transfer of

• Will not engage in activities that incite or encourage hate crimes. • Will process all transfers of firearms through licensed firearm dealers state law. as required by

• Will verify tbt all firearms in their possession at the show or event will be unloaded and that the firearms will be secured in a mannr that pevents them from being operated except for bTief perIods when the mechanical condition of a firearm is being demonstrated to a prospective buyer.

• Will ot display or possess black powder, or offer it for sale.

• All firean transfers at the gun show or event shall be in accordance with applicable state and federal laws.

• Ammunition at a gun show event or may be displayed only in closed original factory boxes or other clQsed containers, except for purposes of showing ammunition to prospective buyer. a

• Shall provide to the producer information relative to vendor, the vendor’s mployees and other persons, compensated or not, who will be working or otherwise providing services to the public at the vendor’s display space.

• His or her complete name.

• His or her driver’s license or state-issued identification card number. • His or her date of birth,

Page 23 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.100 Page 57 of 71

GUN SHOW REQUIRED SIGNS TO BE POSTED

1. TI-ES GUN SHOW FOLLOWS ALL FEDERAL, STATE AND LOCAL FIREARMS AND WEAPONS LAWS WITHOUT EXCEPTION.

2. ALL FIREARMS CARRIED ONTO THE PREMISES BY MEMBERS OF THE PUBLIC WILL BE CHECKED, CLEARED OF ANY AMMUNITION, SECURED IN A MANNER THAT PREVENTS THEM FROM BEiNG OPERATED, AND AN IDENTIFICATION TAG OR STICKER WILL BE ATTACHED TO THE FIREARM PRIOR TO THE PERSON BEING ALLOWED ADMITTANCE TO THE SHOW.

3. NO MEMBER OF THE PUBLIC UNDER THE AGE Of 18 YIAR$ SHALL BE ADMITTED TO THE SHOW UNLESS ACCOMPANIED BY A PARENT, GRANDPARENT, OR LEGAL GUARDIAN.

4. ALL FIREARMS TRANSFERS BETWEEN PRIVATE PARTIES AT THE SHOW SHALL BE CONDUCTED THROUGH A LICENSED DEALER IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS.

5. PERSONS POSSESSING FIREARMS ON ThiS FACILITY MUST HAVE IN THEIR IMMEDIATE POSSESSION GOVERNMENT-ISSUED PHOTO IDENTIFICATION, AND DISPLAY IT UPON REQUEST TO ANY SECURITY OFFICER OR ANY PEACE OFFICER, AS DEFINED IN SECTION $30.

6. Also, in a readily visible location at eachentrance to the parking lot at the gsta “THE TRANSFER Of FIREARMS ON THE PARKING LOT OF THIS FACILITY IS A CRIME.”

Page 24 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.101 Page 58 of 71

SEP-h-2003 16:57 FROM: 1Oi854iO23 P.1’l

GUN SHOWS IN THE STATE OP CALIFORNIA California has already addressed the issues of individual1 unregulated gun salea and high capacity magazines at gun shows. Assembly Bill 295, the sócalled Gun Show Regulatory Bill, is the law at gun shows hi California. Several of Its provisions are

All flrarm sales must be conducted tbrnugh a fully-licensed dealer.

Licensing Is handled by the California Department of Justice, and to become a ftilly-Iicensed dealer you must hve loc] lawonfarcemnt approval, a prani1es from which to do business, a Pederal Pirearms License, a local business license and a California sales tax licenses ackground checks are canductd far all firearms sales at rm shows Individual [unlicensed) sellers offirearms are required to process the sale of ny firearm through a fulIy4[censed firearms dealer. The dealer conducts a background check through the California Departmeflt of Justice, which checks to see if a buyer has any criminal or mental health history beforo authorizing any firearm sale to proceed. Dealer Report of Sac.

California requires1 in addition to the Pederal Porm 4473 mandated for firearm transfers1 a Dealer Report of Sale, [D.R.O,S,) The DIR.O,S. initIates acriminal background check which Includes federal and state criminal record databases. Additionally, California maintains one ofthe most comprehensive mental health history databases in the nation, and the background check screens for any prohibiting mental illness history. There is a tesiday waiting period beforn any firearm may be delivered. in addition to the comprehensiue background checks which are required, a ten-day waiting period ta required by state lw before any firearm can be delivered to a buyer1 Actual deliveries of firearms occur at the dealer’s place of business after the waiting period has e1ased and the background check has been completed. Califarnia law bans the sale or pessession of Assault Weapons,

California law bans the sale or possession ofAssault Weapons, as dfhicd by the Code, No asauit weapons are sold at California gun shows.

c California bwb srresal orpasseeslon ofhigb-capacitynagaziues.

It iso violation.of California law to possess or to sell any magazine which holds more than tOn rOunds, No high-capacity magazines are sold t California gun shows.

Law-enforcementatgnn Shøw In california

Local lawenforcement officers ar present at nfl California gun shows to ensure comphlence with all applicable laws. California Department of Justice undercover officers regularly monitor gun hows to ensure that all activities are being conducted in compliance with the law, and that no illegal weapons are being offered for sale at the show,

Page 25 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.102 Page 59 of 71

CROSSROADS ci the WEST GU SHOW FACT SHEET

Gun shows which are held at the Del Mar Fairgrounds are produced by Crossroads of the West Gun Shows. The Del Mar Fair and Crossroads have a longstanding business relationship. Crossroads has been producing gun shows at the Fairgrounds for 26 years.

All of the gun shows which Crossroads has produced have been without incident, and the relationship with the Board and management of Del Mar Fairgrounds is in good standing. The contractural arrangement with Crossroads requires the following provisions:

Compliance with all federal and state laws, including the strictly enforced provisions of the Gun Show Regulatory provisions of the California Penal Code.

No assault weapons, as defined by California law, are permitted to be sold or displayed at the shows. No highcapacity magazines are sold or displayed at the show. Ailfirearms sales are conducted by licensed dealers, and no firearms are delivered to purchasers at the shows, They must complete the required background check (California Department of Justice) and the federal NICS check, which is administered by the California D.OJ. The purchaser may not take delivery of the firearm at the show. The dealer is required to take the firearm to their shop, hold it for ten days nd get clearance from the California D.O.J. prior to delivering it to the purchaser. The purchaser must go to the dealer’s location, after the ten-day waiting period, to pick up the firearm. No firearms ore delivered at the show.

The show is regularly monitored by undercover officers from the California Department of Justice and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. UnitormU Deputies from the San Diego Sheriff’s Department also monitor activities inside the show and at the show entry and exit.

Signageis posted at the entry and throughout the show reminding exhibitors and members of the public of the required compliance with all federal and state laws.

Each firearm brought to the show by members of the public is checked, cleared and securely tied to be rendered inoperable by the Crossroads safety officer, under the direct supervision of Deputies from the San Diego Sheriff’s Department.

Firearm dealers are required to inspect, clear and tie all firearms and render them inoperable. Show safety officers monitor tables prior to opening the show. Multiple public address announcements are made reminding everyone of the requirement that every firearm in the show be tied with the nylon cable to be rendered inoperable. Separate public address system announcements are made before show opening and during the show reminding everyone of the requirement to comply with all state and federal laws governing firearms and other weapons such as knives, etc.

All actMties at the gun show are conducted in compliance with all applicable laws and show safety rules,

Page 26 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.103 Page 60 of 71

San Diego County Sheriffs Department North Coastal Station

I - - 175 N. El Comma Real, Encinitas, CA 92024 760-966-3500

Crime Reports/Charges San Diego County Fairgrounds ‘Gun Show 2260 Jimmy Durante BIvd, Del Mar, CA 92014 2013-2017

Reported Crimes: San Diego County Fairgrounds “Gun Show” 2013-2017 Case Number Date Occurred Crime Description* 13112064 Mar-09-2013 PEITYTHEFT(Shoplift) (M) 13125321 May-18-2013 PETTY THEFT(from Building) (M) 13125322 May-18-2013 PETFYTHEFT( from Building) (M) 13125211 May-18-2013 PETtY THEFT( Shoplift) (M) 13125982 May-18-2013 PETTY THEFT{Shoplift) ( M) 13125983 May-18-2013 PETTY THEFT(Shopl ift) ( M) 13125941 May-19-2013 FOUND PROPERTY 13136429 Jul-14-2013 GRAND THEFT (Theft From Building) (F) 13150082 Sep-29-2013 PETrYTHEFT(from Building) (M) 13164135 Dec-15-2013 P055 NARCOTIC CONTROLLED SUBS (F) BATTERY W/SER BODILY INJURY (F) 14112422 Mar-09-2014 SIMPLE BAUERY(M)

, BATTERY W/SER BODILY INJURY (F) POSS NARCOTIC CONTROLLED SUBS (F)

. P055 NARCOTIC CONTROLLED SUBS (F) POSS CONTROLLED SUBS PARAPHERNALIA (M) P055 CONTROLLED SUBS PARAPHERNALIA fM) POSS CONTROLLED 15113107 Mar-14-2015 SUBS (F) P055 CONTROLLED SUBS (F) USE/UNDER INFLOF CONTROLLED SUBS (M) USE/UNDER INFLOF CONTROLLED SUBS (M) MANUFACTURE/IMPORT/POSSESS/ETC SHORT-BARRELED RIFLE/SHOTGUN (F) MAN UFACTURE/IMPORT/POSSESS/EC SHORT-BARRELED RIFLE/SHOTGUN ( F) 15125032 May-17-2015 ASSAULT W/DEADLY WEAPON :NOT F/ARM ( M) 16113108 Mar-12-2016 MISCELLAN EOUS INCIDENTS; ACCI DENTAL Fl REARM DISCHARGE ‘Description column represents all charges associated with case number

4D NU1MS Dot, os/nV2DIB Propo,,dSySDDO Sho,ijr,M,Ipu, GtDOP St. c aor,?A.,u5utC UD,w,nD

Page 27 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.104 Page 61 of 71

pe1Ma Uflds

©22nd D.A.A.

22ND DISTRICT AGRICULTURAL ASSOCIATION State of California

January 31, 2000

Department of Justice firearms Licensing and Permits Unit-GSP P 0 Box 820200 Sacramento, CA 94203-0200

To whom it may concern:

In accordance with Penal Code section 12071.1(i), the attached Annual Event and Security Plan for the Crossroads of the West Gun Shows, scheduled to be held at the 22nd District Agricultural Association (Del Mar Fairgrounds) for the year 2000, is being submitted in compliance with the requirements of the law.

Prior to this plan being submitted to the Department of Justice, representatives of the Del Mar Fairgrounds consulted with Captain Parker, Commander, the Encinitas Station of the San Diego Sheriffs Department, on December 17, 1999, to review the plan.

Unless othenvise notified, the Del Mar Fairgrounds feels that it has met all the provisions set forth in Penal Code section 12071.1(1) subsection (h).

If you have any questions, please feel free to contact me at ($58) 792-4282. (%;%j. L Patrick J. K ns, Chief of Security 22nd District Agricultural Association

2260 Jimmy Durante Boulevard • Del Mar, California 92014-2216 TELEPHONE: 619/755-1161 • MX; 619/755-7820 http:/iwwwdelmarfajr.com/dmflnfo Page 38 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.105 Page 62 of 71

CALwo1IA DEPARTMENT OF JUSTICE Fmiuu’is DivisioN ANNUAL EVENT AND SECURITY PLAN See instructions on reverse side before completing

C’Rt’55ROM? o 2 Gun Show Production Business Name Gun Show Producer Vt!C I Z0o Last Name COE Gun Show Producer Expiratiol, l5•i Endorsement Number J1ZF PL10N 5O1SJ N%1-t DI S’rk c2S Contact Person (Name and Title) for Gun Show Sot 5% or Event Contact Telephone Number 2SC Contact Facsimile Number (Optional)

GUN SHow OR EVENT FUse additional sheets ofpaper fl: O)c as necessary to complete this section) -tcrdajA- ri I C-iZO,5t1DA-OS e J4 VJEE5T C-r ç,i-ij tL’ fZOj5cpr Gun Show(s) or Event(s) Name ftS-IL, fi-S, Date(s) of Gun Show(s) or Event(s) bc(-t1 Time(s) of Gun Show(s) or Event(s) Pt M-Z R6i-R0t1ND 2240 IMM’I D2-At.11 Gun Show or Event facility Name t3LV0 b--i2-- Gun Show or Event Facility Address ‘32l#- City Zip Code rGNeP-kt 1DM MRToN Type of Gun Show or Event 1 Il1i Facility Contact Person (Name and Title) Facility Contact Telephone Number

SECURITY

Estimated number of attendees at gun show or event

Estimated number of vendors offering firearms for sale or disptay .3o--5 Number of non-sworn security personnel employed by the producer or the facility’s manager who will be present at the gun show or event 1 st.Lpe.f’)4ict, 5 Lutu- The number of sworn peace officers employed by the producer or the facility’s manager who wifl be present at the show or event 2- .O. srcc F/ehr (.øunj)

Number of entrances and exits at the gun show or event site 6

I dectare underpenalty ofperjury (Penal Code sections 126 and 127) that atl statements made by me on this and complete. Annual Even: and Security Plan are true

/ignat’re nd Titie Date

FACIUrY MANAGER APPROVAL I declare underpenalty ofperjwy (Penal Code Section 126 and 127) that lam the manager ofthe above Code section 1207].] (t) 1 have consulted ncsmedfacility and, in accordance with Penal with with the law enforcement agency withjurisdiction Security Plan. lcertb5’ that towing over thefacility regarding this Annual Even: my consultation with law enfor ement, Ihave and approved this Annual Event andSecurity Plan. & (D / / 7/ )ate

Over tt Page 28 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.106 Page 63 of 71

Crossroads of the West Gun Shows

Del Mar Gun Show

Security Plan

1. A.B. 295, Chapter 247 mandates that a security plan be submitted by the gun show producer and approved by facility management and local law enforcement prior to the commencement of any show after January 1, 2000.

2. This security plan is submitted in accordance with the requirements imposed by A.B. 295 for the review of law enforcement and facility management.

3. Uniformed law enforcement (sworn officers) have in the past been provided by the San Diego Sheriff’s Department at no charge to the show producer. It is proposed that two sworn officers be assigned to the gun show at the expense of the show producers. Any other officers assigned to monitor the activities at the show should not be at the expense of the show production company or the Del Mar Fair.

4. The O’Brien Pavilion will be secured by five Elite (non-sworn security personnel) guards who will be posted at five entrance and exit doors. Their primary mission will be to maintain safety and security of the premises and prevent unauthorized entry into the facility.

5. Show producer shall provide, and Del Mar facility personnel shall post, signs at the entry to each parking lot stating “THE TRANSFER OF FIREARMS OR OTHER WEAPONS ON THE PARKING LOT OF THIS FACILITY IS A CRIME.”

6. Show producer shall post all signs, as required by A.B. 295, at the entry to the show. Firearms checking, clearance and tagging as required by the law will be performed by show producer’s trained firearms specialists at the entrance to the show.

7. Show producer shall continue to exercise management oversight to ensure that all persons participating in the show are complying with all applicable laws.

Page 29 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.107 Page 64 of 71

CROSSROADS OF THE WEST GUN SHOWS

•SALT LAKE CITY • SAN FRANCtSCO .SAN DiEGO ‘ORANGE COUNTY PHOENIX • DENVER’

December 2, 1999

Detective Tom Morton San Diego County Sheriff’s Department P.O. Box429000 San Diego, California

Detective Morton,

In compliance with your request and pursuant to A. B. 295, we are submitting a listing of Crossroads of the West gun show’s annual schedule for the year 2000 at the Del Mar Fairgrounds. We have five (5) shows scheduled at Del Mar on the following dates:

February 19-20, 2000 April 29-30, 2000 July 15-16, 2000 October 7-8, 2000 December 16-17, 2000 We do not anticipate any schedule changes, but will immediately notify you if any changes are made. Please let me know if you would like this schedule submitted in a different format. Sincerely,

Tracy Templeton Olcoff

290 P.O. Box Kaysville, Utah 84037 (801) 544-9125 Fax (801) 54628e3O Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.108 Page 65 of 71 THIS GUN SHOW FOLLOWS ALL FEDERAL, STATE AND LOCAL FIREARMS & WEAPONS LAWS WITHOUT EXCEPTION.

Page 31 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.109 Page 66 of 71

ALL FIREARMS TRANSFERS BETWEEN PRIVATE. PARTIES AT THE SHOW SHALL BE CONDUCTED THROUGH A LICENSED DEALER IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS.

Page 32 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.110 Page 67 of 71

NO MEMBER OF THE PUBLIC UNDER THE AGE 0F18 YEARS SHALL BE ADMITTED TO THE SHOW UNLESS ACCOMPANIED BY A PARENT, GRANDPARENT, OR LEGAL GUARDIAN.

Page 33 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.111 Page 68 of 71

ALL FIREARMS CARRIED ONTO THE PREMISES BY MEMBERS OF THE PUBLIC WILL BE CHECKED, CLEARED OF ANY AMMUNITION, SECURED IN A MANNER THAT PREVENTS THEM FROM BEING OPERATED, AND AN IDENTIFICATION TAG OR STICKER WILL BE ATTACHED TO THE FIREARM PRIOR TO THE PERSON BEING ALLOWED ADMITTANCE TO THE SHcW

Page 34 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.112 Page 69 of 71 Persons possessing firearms on this facility must have in their immediate possession government-issued photo identification, and display it upon* requestto any security officer or any peace officer, as defined in Section 830.

Page 35 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.113 Page 70 of 71

THE TRANSFER OF FIREARMS OR OTHER WEAPONS ON THE PARKING LOT OFTHIS FACILITY IS A CRIME.

Page 36 Case 3:19-cv-00134-CAB-NLS Document 1-2 Filed 01/21/19 PageID.114 Page 71 of 71 California law requirés that all firearms sales, trades or transfers in the State of California must be processed through a licensed firearms dealer.

Licensed dealers are provided in the show to assist you in making your firearms transactions legal._

Page 37 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.115 Page 1 of 15

EXHIBIT 3 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.116 Page 2 of 15

- Forwarded message - From: Lilia Kenneally Date: Mon, Dec 3, 2018 at 2:41 PM Subject: 2019 February and April dates To: Rob Templeton ([email protected])

Hi Rob,

Can you please send me the applications for your February and April date requests? Your normal dates would be February 9-10 and April 27-28. Thanks.

Sincerely,

Lilia Kenneally

Sales Manager

Ventura County Fairgrounds

(805) 648-3376 x 112

A Country Fair with Ocean Air

15t ;2th August — August

Forwarded message From: Lilia Kenneally Date: Fri, Dec 7, 2018 at 10:45 AM Subject: RE: Facilities Rental form submitted To: “Crossroads of the West”

Hi Rob,

Confirming I received your February application. For event date it only has February 9th listed but since yours is a 2 day show I’m assuming it’s the 9th and lO correct? I needed to mention that on that weekend there will be a private event going on in the Callahan and Mc Bride Halls so the fencing will be up dividing your events and no trailers can park in that area. Thanks. Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.117 Page 3 of 15

Sincerely,

Lilia Kenneally

Sales Manager

Ventura County Fairgrounds

(805) 648-3376 x 112

A Country Fair with Ocean Air

1$t 12th August — August

From: infoventuracountyfair.org [mailto:[email protected]] On Behalf Of Crossroads of the West Sent: Friday, December 7, 2018 9:31 AM To: Lilia Kenneally Subject: Facilities Rental form submitted

Application for Rental of Facilities Company/Organization Name: Crossroads of the West Tax ID. #: Event Name: Gun show Event Date: 02/09/2019 Event Hours: Sat 9-5. Sun 9-4 Estimated Attendance: 4,000 Estimated Number of Exhibitors: 100 Type of Event: Gun expo Web site address: http://crossroadsgunshows.com Contact Signatory: Rob Templeton Address: 280 N. Kays Dr City: Kaysville State: Utah Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.118 Page 4 of 15

Ventura County Fairgrounds Estimate lOW. Harbor Blvd. Date 11/25/2013 Ventura, CA 93001 Phone (805) 648-3376 x112 Fax (805) 648-1012 lkenneallyventuracountyfair.org www.venturacountyfair.org Customer B& L Productions, Inc. Tracy Templeton Olcott P.O. Box 290 Kaysville, Utah 84037

Event Date

Event Name Facilities Gun Show SM, ANA

Facility Rental 5,500.00 5,500.00 **Tables (8’) 440 9.00 3,960.00 **Ch airs -2 per space 260 1.00 260.00 Bicycle Barricades 20 8.00 160.00 PA System 1 250.00 250.00 Fork Lift w/ Operator 1 65.00 65.00 Event Attendants (per hr) 30 15.00 450.00 Clean up- During Event 15 20.00 300.00

Clean up - After Event 32 20.00 640.00 Event Stafffperhr) 176 15.00 2,640.00 Fencing per In. ft. 400 1.50 600.00 Electrical Drops 9 18.00 162.00

To secure an event date(s) deposit must be received 10 days following the date of this estimate. . Total $14,987.00 Remaining balance due 10 business days prior to event occupancy date. i1lnotbeantedtilaentisrecieved1l. Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.119 Page 5 of 15

Zip Code: 84037 Telephone: (801) 544-9125 Fax: (801) 546-2886 Email: [email protected]

Event Manager Name: Rob Templeton Event Manager Phone: ($01) 628-7654 Event Manager Fax: ($01) 546-2886 Event Manager Email: robtempleton9gmaiI.com

Move-in Date: 02/08/2019 Move-in Time: 01:00 AM Move-out Date: 02/10/2019 Move-out Time: 11:55 PM Open to the Public?: Yes ADMISSION PRICES: Adults: 13 Children: 0 Seniors: 12 One dollar off for seniors or one dollar off with discount Discounts: ticket. Tickets Available At: Crossroadsgunshows.com or at event ticket booth Military gear, back packs & bags, hunting, fishing, and Any and all products to be featured or outdoor gear, firearms & ammunition, jewelry, coins, purses, offered at the event: clothing

If this is your first event at Ventura County Fairgrounds, please provide references, incluidng facilities used for other events.: First Reference: First Reference Phone: Contact Name: Second Reference: Second Reference Phone: Contact Name: Third Reference: Third Reference Phone: Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.120 Page 6 of 15

Contact Name:

Security and Insurance: I understand that this application in no way guarantees or holds any facility for an event and that I will be notified, by Rental * issuance of a contract from Ventura County Fairgrounds, if my application has been accepted. I also understand that an event cannot be advertised or Advertising: promoted until written confirmation from Ventura County Fairgrounds has been received. I certify that I have read and understand the Facility Rental Acceptance of Rental Policy: Policies & Regulations Policies and Regulations: E-signature: Robert Templeton Date: 12/07/2018

Buildings: Anacapa Hall, San Miguel Hall Outdoor Areas: Parking Cots: Lot A (Main Lot), Lot B, Lot C, Lot D Derby Club:

][1eJ#]IiIlII Event Cayout: Powered Equipment (including Fork Lift operator): Labor Services: Set-up by Fairgrounds, Teardown by Fairgrounds Staging Sizes: Electrical (please specify): Various electrical drops in areas that promoter will specify.

Indicate number of tables and chairs. Leave blank or enter “0” for none.: Rectangular Table(s) (8’ x 30”): 118 Round Table(s) (5’ diameter): 0 Picnic Table(s): 0 Number of Chairs: 220 Podium: None Dance floor Size: 0 Misc Items: PA System, Fencing (14\’ sections) Catering: None Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.121 Page 7 of 15

Concessions Requests (no charge to Food Client): Event Attendant(s): Yes (requited) Security Services: Yes (requited)

This email was built and sent using Visual Form Builder.

From: Lilia Kenneally Date: Mon, Mar 2, 2015 at 5:29 PM Subject: Estimate from Ventura County Fairgrounds To: Rob Templeton ([email protected])

Hi Rob,

I thought for both our sakes I’d send you the estimate I have for your events and we can back into it that way and see if you’d like to cut anything else off. Let’s go through it item by item:

Facility rental: Both halls I move in day and 2 event days = San Miguel hall $2750 and Anacapa Hall $2750. No charge for outside space which is something we normally charge

8’ Banquet tables- per layout 440 tables although the last show you used 454= $3960

Chairs-per layout 260= $260

Event attendants (janitorial) there must be a female and male attendant present for the duration of your event. Sat 8 hours each and Sunday 7 hours each= 30 hours

Clean up during- Also for the duration of your show since so much trash is generated 15 hours= $300

Clean Up after- This is the hours it takes to clean up after your show and it is solid. There is a tremendous amount of trash left over, boxes, sometimes pallets etc. as well as just regular trash in halls and outside. This is a number I get straight from maintenance and has been from 32-48 hours for 2014.There is not much change with this figure and if there is it is not lower but higher. 32 hours= $640

PA System = $250

Electrical drops- we give you a lower rate per drop because it is $42 per 5 amp drop for a blanket lay which means all vendors get electrical but we charge $12 per. Also keep in mind that is for the floor drops the ceiling drops are more but we still keep it at $18.

Fencing-I have 400 ft. but it actually takes about 700 however this is the one entry that may go down now that your outside layout has changed. I don’t have the new figure but will know after your next show once the ammo dealer is within your footprint

Event Staff (Security) I had originally included 192 hours total but since you requested ways to maybe Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.122 Page 8 of 15

help bring costs down I asked them what we would feel comfortable staffing to work with you but also provide a safe show and it brought the number to 176 over the whole weekend = $2640

Forklift one hour $65 is included in contract but if you need it longer then it would be for the time you needed it at an additional cost.

Please let me know if you want me to drop any of the equipment figures and I’ll be happy to do so but I can’t do anything regarding security or Maintenance since those are exact figures.

Sincerely, Lilia Kenneally Ventura County Fairgrounds (805) 648-3376 x112 From: Lilia Kenneally Date: Sat, Oct 3, 2015 at 12:39 PM Subject: RE: Rob Templeton To: Rob Templeton

Hi Rob,

I am working on your contracts and should have them out to you this week. However there are some differences, August and November. We had a conversation because you requested August dates and told you those are fair dates for us and I can’t ever give you August dates. You normally request June dates from me and I didn’t have any for you in 2016. August dates are never an option for us because of the fair.

In your e-mail dated 1/1/2015 at 12:06 am you requested:

2/6-7/16

4/30- 5/1/2016

6/25-26/16 (which I don’t have)

10/1-2/16

11/19-20/16 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.123 Page 9 of 15

The we had another discussion where I brought up the fact that you normally request December dates and you hadn’t. I told you that once you release December I wouldn’t be able to give them back to you because someone else wanted them. You called me back and told me to go ahead and keep December but on this list you are once again referring to August and November.

What I have as locked in per our conversations are:

2/6-7/16

4/29-5/1/16

10/29-30/16 (when you decided to change back to November you went with an October date.)

12/17-18/16

I was also supposed to have told you if the June dates you wanted opened up, but they haven’t. Please let me know.

Sincerely,

Lilia Kenneally

Sales Manager

Ventura County Fairgrounds

(805) 648-3376 x 112

“A Country Fair with Ocean Air”

Ventura County Fair

August 5th 16th, 2015 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.124 Page 10 of 15

From: Rob Templeton [mailto: [email protected]) Sent: Friday, October 02, 2015 9:09 AM To: Lilia Kenneally Subject: Rob Templeton

Hi LIII,

I hope your fair went very well for you. I was just working on our updated calendar with 2016 dates and wanted to verify with our contracts, but I couldn’t find any 2016 contracts. Do we have those? The dates I have on our calendar for 2016 are Feb 6, 7; Apr 30, May 1; Aug 13, 14; and Nov 19, 20. I am hoping to move Aug 13, 14 to Aug 27, 28 in order to not compete with our Las Vegas show. Is that possible? Can you confirm our 2016 dates for me? Thank you,

Rob

Forwarded message From: Rob Templeton Date: Thu, Jan 1, 2015 at 12:06 AM Subject: 2016 Dates for Crossroads of the West To: Lilia Kenneally

Hi LIII,

Happy New Year. I received the invoice for our December show and will have our financial gal get that all paid up. I appreciate the concessions regarding the San Nicholas building. I did have one concern that I thought I would bring to your attention, we didn’t have anyone show up for ticket taking/stamping hands on Saturday. We scrambled for just a minute, but in the end, I just had one of our guys do it on Saturday and Jesse sent a couple guys over for Sunday, so It wasn’t really a problem, I just thought you might want to be aware of it in case someone was scheduled and just didn’t come in.

Regarding 2016, I would like to request the following dates for the San Miguel and Ana Capa buildings:

February 6, 7

April 30, May 1 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.125 Page 11 of 15

June 25, 26

October 1, 2

November 19, 20

Thank you for considering these dates. I look forward to hearing back from you. Also, do you know if Lori is doing shows at VCFG in the future? Many have told me that she said goodbye to the dealers at her last show and that she was done. Any information you have that I could give to our dealers would be appreciated, understanding that you have a professional relationship with Lori and may not be able to discuss certain things. Thanks Lili.

Have a great new year,

Rob Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.126 Page 12 of 15

From: Angela Hui Sent: Tuesday, May 15, 2018 12:43 PM To: TRACY OLCOU Subject: RE: 2019 dates

Hi Tracy, Please see attached for February, August and October 2019 contracts along with credit card authorization form. I am sorry that we don’t have any dates in 2 QTR for you. 2nd and 4th QTR are getting very busy for us with conventions. We are doing less consumer shows than it has been since I was selling. Thank you very much for your support all these years. I am looking forward to seeing you soon again. Sincerely, Angela

Angela Hui (909) 937-3037 Director of Market Strategy & Sales Operations Greater Ontario Convention & Visitors Bureau SMG

From: TRACY OLCOU [mailto:[email protected]] Sent: Wednesday, May 09, 2018 2:25 PM To: Angela Hui Subject: Re: 2019 dates

I will take all those dates as listed below. Thank you. It is frustrating to lose dates that we have always had in the past. I have had the first weekend in May since we began doing our shows at DCC. How do I get back to having some sort of regular set schedule like I used to have? It seems newer people are getting priority over us. I appreciate all the help you have given me in the past and for our shows next year. We can contract and pay for the listed shows immediately. Thanks, Tracy

From: Angela Hui Sent: Wednesday, May 9, 2018 3:17 PM To: TRACY OLCOU Subject: 2019 dates 1 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.127 Page 13 of 15

Hi Tracy, Sorry I didn’t get to see you last weekend while you were here in Ontario, hope you had a great show! Following up from our last conversation, here are the dates we have available for Crossroad in 2019: • February 1 —3, 2019 (Super Bowl weekend); if you are open to do a Friday/Saturday only show, we

have January 18 — 19, however, we must clear out on Saturday night for another show to move in Sunday morning) • Don’t have any weekends available in 2 QTR. So far, all the conventions are definite, I don’t foresee anything open up but I will let you know if any

• August 2 — 4, 2019

• October 11 — 13, 2019 Please let me know if you would like to confirm these dates with contracts. Thank you! Angela

Angela Hui Director, Market Strategy & Sales Operation Direct: 9099373037 Mobile: 6262152445 ah uiontariocvb.org

2000 E. Convention Center Way Ontario, California 91764 DiscoverOntarioCa I iforn ia.org

LJ0NTJ’tRieT1 QALIIORNI \ *$ U*’J

2 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.128 Page 14 of 15

From: TRACY OLCOU Sent: Wednesday, September 14, 2016 3:13 PM To: Diana Colvin Subject: Re: 2017 & BEYOND GUN SHOW DATES FOR THE COW PALACE- IMPORTANT

Are the dates requested below good? We are ready to contract if those dates are still available. I will work on a 3 year plan once I get 2017 nailed down. Thanks, Tracy Olcott Crossroads of the West Gun Shows

From: TRACY OLCOTf Sent: Wednesday, March 23, 2016 1:44 PM To: Diana Colvin Subject: RE: 2017 & BEYOND GUN SHOW DATES FOR THE COW PALACE- IMPORTANT

Thanks for looking out for us! I do have some tentative dates on the calendar for all of 2017. Of course, all this depends on availability of other venues, too. My requests for 2017 are: January 14-15, 2017 April 8-9, 2017 June 10-11, 2017 September 23-24, 2017 November 18-19, 2017

I realize my November request is a little later than normal. Hopefully that will work. We can certainly work on a 3 year contract, with dates matching up as closely to our previous history as possible. I haven’t looked into 2018 or 2019 but welcome the opportunity to get on the books at the Cow Palace. Thanks for all you do for us! Tracy Olcott Crossroads of the West Gun Shows

From: [email protected] To: [email protected]; [email protected]; [email protected] Subject: 2017 & BEYOND GUN SHOW DATES FOR THE COW PALACE- IMPORTANT Date: En, 1$ Mar 2016 19:44:57 -0700 1 Case 3:19-cv-00134-CAB-NLS Document 1-3 Filed 01/21/19 PageID.129 Page 15 of 15

Good Evening Bob, Rob and Tracy, I hope this email finds you all doing well.

Although I realize that it is only March, I wanted to contact you about your 2017 and beyond show dates as I am already booking into 2017, 2018 and 2019.

Are you looking to do a three year contract again?

If you have already begun to put your 2017 calendar of dates together for all of your venues, please forward the dates you are looking to do here at the Cow Palace.

I would like to get a jump on getting your contract as soon as possible.

As a side note, I believe you are already aware that Ken Alstott has retired and our Assistant Manager Lori Marshall is our new CEO. If you have not already had the opportunity to meet her, I would like to introduce her to you at your next show in April.

Thanks to all of you.

Warmest regards,

Diana Colvin Rentals & Operations Officer Cow Palace 2600 Geneva Avenue Daly City, CA 94014 Office Phone: (415) 404-4107 Office Fax: (415) 337-0941 Email address: [email protected] Save Our Water Learn easy ways to save water during California’s drought at SaveOurWatercom

2 Case 3:19-cv-00134-CAB-NLS Document 1-4 Filed 01/21/19 PageID.130 Page 1 of 2

EXHIBIT 4 Case 3:19-cv-00134-CAB-NLS Document 1-4 Filed 01/21/19 PageID.131 Page 2 of 2

From: lsmael Ledesma Sent: Thursday, July 5, 2018 5:04 PM To: TRACY OLCOU Subject: RE: 2019 gun show date requests

Hello Tracy,

I’ve penciled you in for these dates. If any more happen to come in your interest please let me know. I will be drafting contracts and emailing them over in the next week. If you could please sign and mail back the original copy in ATTN. to me then we could process a deposit.

Let me know if you have any questions.

From: TRACY 0LCOT [mailto:[email protected]] Sent: Thursday, July 5, 2018 1:14 PM To: Ismael Ledesma Subject: 2019 gun show date requests

These are are the dates we would like for our gun shows in 2019: January 5-6 March 30-31 September 14-15 November 2-3

Please let me know if these dates are available. We are ready to sign contracts and make deposits if you would like us to do that now. Thanks, Tracy Olcott Crossroads of the West Gun Shows

1 Case 3:19-cv-00134-CAB-NLS Document 1-5 Filed 01/21/19 PageID.132 Page 1 of 7

EXHIBIT 5 1/17/2019 Case 3:19-cv-00134-CAB-NLSFair board to consider Documentban on gun 1-5shows atFiledDel Mar 01/21/19Fairgrounds -PageID.133Los Angeles Times Page 2 of 7

Fair board to consider ban on gun shows at Del Mar Fairgrounds

By PHIL DIEHL fF 0, 2018

hftps://www.latimes.com/local/lanOw/lamelndelmat*gunSh0wS2Ol 80908-story.html 1/17/2019 Case 3:19-cv-00134-CAB-NLSFair board to consider Documentban on gun 1-5shows atFiledDel Mar 01/21/19Fairgrounds -PageID.134Los Angeles Times Page 3 of 7

Gun shows at the Del Mar Fairgrounds could end after Dec. 31 under a proposal to be considered Tuesday by the board that runs the state-owned property.

Safety must be the top priority at the public facility, said Steven Shewrnaker, president of the nine-member 22nd District Agricultural Assn. board of directors, which oversees all activities at the fairgrounds.

An incident Sunday sharpened the focus on safety at the seaside venue, when a disgruntled customer unable to get a ticket to a rap concert pulled out a handgun and began shooting. Deputies quickly returned fire, wounding the man before he hit anyone.

“It just reinforces the need for improved security,” Shewmaker said Friday of the incident.

A dramatic increase in gun violence nationwide in recent years has brought new concerns about the event. The fairgrounds installed metal detectors at the show’s entrances for the first time in July.

More extensive precautions, including a possible ban on all firearms, will be considered at 10 a.m. Tuesday at a fair board meeting that’s been moved from the usual headquarters on the fairgrounds to the nearby Surfside Race Place off-track betting facility to accommodate the expected crowd. Additional security also will be provided, Shewmaker said.

“This in effect is banning the gun show,” said Michael Schwartz, executive director of the San Diego County Gun Owners organization and a leading advocate for the event, on Friday. “We are completely and totally opposed.”

Shewmaker and one other director, Richard Valdez, are on the board’s contracts oversight committee, which made the recommendation to the board. They are suggesting the shows cease until the district “considers the

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SALE! I 13 WEEKS FOR 99 He and Valdez agreed on the recommendation before Sunday’s shooting at the fairgrounds, Shewmaker said.

Crossroads of the West oper

https://www.latimes.com/local/lanow/la-me-ln-delmar-gun-shOWs-201 80908-story.html 1/17/2019 Case 3:19-cv-00134-CAB-NLSFair board to consider Documentban on gun 1-5shows atFiledDel Mar 01/21/19Fairgrounds -PageID.135Los Angeles Times Page 4 of 7 show to his daughter, Tracy Olcott, who has no record.

The Del Mar fair board has asked the state Department of Justice to investigate the Templeton family’s background and whether they are qualified to run the shows. So far, the department has not responded to questions about whether an investigation is underway.

An attorney for Olcott, Tiffany D. Cheuvront, said in an Aug. 31 letter to fairgrounds Chief Executive Tim Fennell that efforts to end the gun show are discriminatory.

“There is a concerted effort being made to push Crossroads out of public venues because a well-organized interest group does not agree with the beliefs of the guests who attend gun shows,” Cheuvront states. “But these gun show opponents should not be allowed to deem lawful activity ‘bad’ just because they don’t agree with it.”

Any change in the Del Mar show, which has been held five weekends a year for almost 30 years, faces strident opposition from firearms enthusiasts.

Hundreds of members of the San Diego County Gun Owners and the California Rifle and Pistol Assn. are expected to attend Tuesday’s meeting and ask for the renewal of the Crossroads contracts.

San Diego County Gun Owners has collected thousands of letters from county residents in support of the show. More than a dozen of those letters were submitted by various city council members, many of whom represent areas with high concentrations of firearms enthusiasts.

Three city councils near the fairgrounds — Del Mar, Solana Beach and Encinitas — have passed resolutions opposing the gun shows. The Santee City Council in East County on Wednesday became the first to go on record in support of the show.

Diehi writesfor the San Diego Union-Tribune.

[email protected]

https://www.latimes.com/local/lanow/la-me-ln-delmar-gun-shows-20180908-story.html 3/6 1/17/2019 Case 3:19-cv-00134-CAB-NLSFair board to consider Documentban on gun 1-5shows atFiledDel Mar 01/21/19Fairgrounds -PageID.136Los Angeles Times Page 5 of 7 ZZZZE

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EXHIBIT 6 Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.140 Page 2 of 28

COUNSEL SENIOR PARTNER OF JOSEPH Di MONDA C. 0 MICHEL* ScorrM. FRANKLIN MANAGING PARTNER CLINT 8 MONFORT ERIC M. NAKASU JOSHUA ROBERT DALE - MICHAEL W. PRICE - MICHEL & ASSOCIATES, P.p. SSOAS Attorneys at Law SEAN A. SRADY TIFFANY D. CHEUVRONT MATTHEW D. CUBEIRO ALEXANDER A FRANK Los ANGELES, CA WRITER’S DIRECT CONTACT: 562-2 I 6-4445 * ALSO ADMITTED IN TEXAS AND THE [email protected] DISTRICT OF COLUMBIA

August 31, 2018

VIA U.S. MAIL & FAX Tim fennell, CEO Del Mar fairgrounds/Racetrack California 22 District Agricultural Assoc. 2260 Jimmy Durante Blvd. Del Mar, CA 92014-2216 FAX: ($58) 755-7820

Re: Correcting Mis-information About Crossroads of the West Gun Show

Dear Mr. Fennell:

We are writing on behalf of our client B & L Productions, Incorporated (“B & L”) dba Crossroads of the West Gun Shows (“Crossroads”).

There is currently an ongoing and well-coordinated and organized effort by well financed lobbying groups in the state to end gun shows throughout California, and to eliminate these forums of ideas and legal commerce. These groups want to eliminate any event where individuals who believe in the right to keep and bear arms might gather. To that end, these groups have repeatedly made misleading and disparaging statements, spread rumors and innuendo, and made false accusations as they attempt to discredit and demonize a lawfully operating business. This smear campaign to demonize gun shows and its owners is being used to advance their attacks on gun shows in the hope that the boards governing these public forums, like the Del Mar fairgrounds, will be convinced to no longer allow gun shows to take place on the public property that they oversee.

In response to the false and misleading reports and inaccurate public comments that have been submitted to the Board of Directors for the Del Mar Fairgrounds, we provide the following information.

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Letter to Del Mar Fair Board of Directors August 31, 201$ Page 2

1. The Promoters of the Crossroads Gun Shows Have Been Vetted and Approved by the California Department of Justice (“DOJ”)

The DOJ is the responsible government agency for conducting background checks on persons who apply for a Certificate Of Eligibility (“COE”). COE’s are required for promoters of gun shows in California.’

Tracy Olcott and her brother Robert J. Templeton have each had background checks by and issued a COE from the California DOJ. (Exhibit 1)

California law provides that a CEO is issued to a person, but not to a company. A COE is basically an ongoing background check of an individual person that occurs routinely at least every year. Unless an individual person applying for a COE is prohibited from owning or possessing firearms, the DOJ “shall” issue a COE to the eligible individual.2 A COE applicant is not required to provide information about family members, friends, company information, or acquaintances to obtain a COE. Approval is based upon the individual applicant passing the DOJ background check process.

Under penalty of perjury, the DOJ has noted that it has issued Tracy Olcott a valid COE credential to operate the Crossroads Gun Shows.

2. The DOJ Conducts Background Checks On All Registered Vendors at Gun Shows. Gun Show Operators Do Not Have Access to These State Records Databases.

Opponents of Crossroads have attempted to connect Crossroads to a gun show vendor! exhibitor who was arrested for selling armor piercing ammunition in another state.

Each week that a gun show takes place, a list of all exhibitors/vendors who want to sell firearms at a gun show is submitted to the DOJ for approval. Included on this list are the seller’s addresses, phone numbers, driver’s license number and their COE license number issued by DOJ (all vendors of firearms and ammunition at a gun show must possess a valid COE from the DOJ).

Only those vendors/individuals with approval from the DOJ can facilitate a sale of firearm or ammunition at a gun show. No one wants unlawful sales to occur at gun shows (or anywhere). That is why both Crossroads and the DOJ make sure that background checks have been completed on each gun show vendor/exhibitor, and that each vendor/exhibitor is properly licensed to sell firearms or ammunition.

As far as we know, no illegal sales have occurred at a Crossroads show. If the opponents of gun show do not like the vendor approval process dictated by state law, they should take this up with the legislature or the DOJ, since it is DOJ’s responsibility to approve all vendors/exhibitors requiring a COE to do business at gun shows.

1 https://oag.ca.gov/firearms/cert-eligibility (Last visited August 22, 2018).

2 Penal Code, § 27200(a).

• I 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA 90802 TEL: 562-2 I 6-4444 • FAx: 562-2 6-4445 • WWW.MICHELLAWYERS.COM Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.142 Page 4 of 28

Letter to Del Mar Fair Board of Directors August31, 201$ Page 3

3. Illegal Transactions Are Not Occurring at Crossroads Gun Shows

Gun shows are some of the most heavily regulated events in the entire state. California gun shows are some of the most regulated shows in the entire country. (Exhibit 2) Both local police officers and DOJ special agents (both uniform and undercover) patrol every single Crossroads gun show. Local and state law enforcement agencies work with Crossroads security personnel to ensure the safety and security of all guests and attendees.

To be clear: there is a very strict and comprehensive process to purchase a firearm in California, and that process applies throughout the state, including at gun shows. Every single firearm sold in California must be transferred through a state and federally licensed firearm dealer (“fFL”). The FFL keeps detailed records of the transaction and the buyer as required by state and federal law. A potential firearm purchaser must pass both a written and physical test to qualify for a state issued Firearm Safety Certificate. Before a firearm can be transferred to a buyer, the buyer must pass a background check conducted by the DOJ. The purchaser must wait at least 10 days before they can take possession of a firearm. No gun purchases are actually completed at any California gun show. The sale can only be initiated through a properly licensed FFL at a gun show, but the actual transfer and delivery takes place at least ten days later, at a registered commercial FFL storefront. For each step of the process the FFL must complete the proper federal paperwork and record the transaction both online and in a record book which is audited by DOJ and ATF. The process for purchasing a firearm at a gun show is the same as if it were purchased at any retail store. There are no exceptions to this process for gun shows. (Exhibit 3)

Opponents reference a 2013 lawsuit in which the City Attorney for San Francisco initiated litigation against several companies that sold legal magazine repair kits in California, alleging that those kits were being used to make illegal “large capacity” ammunition magazines. B&L was one of several defendants in that action. B&L was quickly released from the suit. Significantly, at no time was B&L itself accused of selling illegal magazines. Rather, the City accused B&L of allowing these legal repair kits to be sold by vendors/exhibitors at Crossroads shows, somehow knowing that the legal repair kits would be used to make illegal “large capacity” magazines after the buyer took the repair kit home. Of course, Crossroads had no way of knowing whether these legal repair kits were being misused by some buyers to make illegal magazines. Nonetheless, once this was brought to B&L’s attention, Crossroads voluntarily banned its vendors/exhibitors from selling these legal repair kits.

Opponents of the gun show have twisted that action brought by San Francisco and now claim that B & L was “selling ‘large capacity magazines” at Crossroads gun shows in violation of state law. To be clear, neither Crossroads nor B & L sold any such thing. The vendors and exhibitors at the Crossroads show sell things. Some vendors were apparently selling magazine repair kits -- which were legal to sell in California at the time of the action. Again, all transactions were conducted under the watchful eye of law enforcement. Significantly, page three of this settlement and order notes that these repair kits may continue to be sold. (Exhibit 4) To present the facts of this case as if Crossroads was “caught” in some kind of illegal activity is simply deceitful and misleading.

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Letter to Del Mar fair Board of Directors August 31, 2018 Page 4

4. Mr. Templeton’s Right to Possess Firearms Has Been Fully Restored

Opposition to the gun show also insinuate that Bob Templeton, namesake and retired head of B & L, is a dangerous criminal that the Board should not be doing business with. Mr. Templeton has explained in the past that he did have a very old, non-violent, federal conviction from 1980 that did not occur in the state of California. Mr. Templeton was essentially given probation for this offense, but the conviction did result in Mr. Templeton temporarily losing his right to possess firearms. But because this was a non-violent offense and he was expressly determined by the prosecutor and the court to not be a threat to public safety (Exhibit 5), in 1989 Mr. Templeton had his rights to acquire, transfer, receive, ship and possess firearmsfully restored under the law.

The 196$ Gun Control Act provides that a person is not considered “convicted” if he has had his civil rights restored or set aside as Mr. Templeton has.3 Since his conviction was vacated4 and rights restored, Mr. Templeton’s conviction has been expunged and he is legally eligible for and could be issued a COE and be a promoter of a gun show in California if he wanted to.

5. Viewpoint Discrimination

Viewpoint discrimination is not always written or spoken, more often it is carried out less visibly through the exercise of governmental discretion. Viewpoint discrimination by government bodies is particularly disfavored by the courts. When one interest group attempts to exercise their will over others, demands that their opinion is more valuable or “right” than others, and attempts to censor the other viewpoint, that is viewpoint discrimination.

“A conmion sense understanding of the prohibition against viewpoint discrimination is that government should be prevented from intervening into an ongoing political controversy by silencing one side of the dispute.”5 Justice Auto in a 2017 Supreme Court opinion noted that “[wJe have said time and again that the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of the hearers.”6 The Court has further noted that “Commercial speech is no exception,” the Court explained, that the principle of the first Amendment “requires heightened scrutiny whenever the government creates a regulation of speech because of disagreement with the message it conveys.”7 Unlike content based discrimination, discrimination based on viewpoint, including a regulation that targets speech for its offensiveness, remains of serious concern in the commercial context.8

There is a concerted effort being made to push Crossroads out of public venues because a well- organized interest group does not agree with the beliefs of the guests who attend gun shows. But these

18 U.S.C. § 921(a)(20) and (a)(33).) As if the conviction never happened; the same as a pardon. Loyola of Los Angeles Law Review, Viewpoint Discrimination and Commercial Speech, Vol.41, p. 169. 6 Matal v. Tam, 582 U.S. (June 19, 2017). ‘ $orrell v. IMS Health Inc., 564 U.S. 552, 566 (2011). $ Bolger v. Youngs Drug Products Corp., 463 U.S. 60-72 (1983).

I 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-2 I 6-4444 • FAX: 562-2 6-4445 • WWW.MICHELLAWYERS.COM Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.144 Page 6 of 28

Letter to Del Mar Fair Board of Directors August 31, 201$ Page 5 gun show opponents should not be allowed to deem lawful activity “bad” just because they don’t agree with it. Selling firearms, while heavily regulated, is still a lawful activity in the state of California. Allowing discriminatory actions to be taken against B & L based on the opposing viewpoint is unconstitutional. If these opponents don’t like the educational, patriotic, self-reliance, natural resource conservation, and other messages being sent at the Crossroads show, their remedy is simple. Don’t attend.

Our client again requests that the Board continue the good relationship it has with B & L and Crossroads and continue to honor upcoming contracts. B &L goes above and beyond to maintain a safe and family friendly show that teaches the public about safety, legal aspects of firearm ownership, and the constitutional rights of those who choose to own a firearm.

The government has essentially given itself a monopoly on venues large enough to be suitable for holding an event like a Crossroads gun show. The Board should end this relentless effort to ban the use of a public forum to conduct lawful and immensely popular events that are suitable for all ages to attend.

Sincerely, Michel & Associates, P.C.

Tiffany . Cheuvront

Cc: Tracy Olcott, President, B & L Productions, Inc.

I 80 EAST OcEAN BOULEVARD • SUITE 200 • LONG BEAch • CALIFORNIA ‘ 90802 TEL: 562-2 I 6-4444 • FAX: 562-2 I 6-4445 • WWW.MIcHELI.AWYERS.COM Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.145 Page 7 of 28

Exhibit 1 Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.146 Page 8 of 28

CALIFORNIA DEPARTMENT Of JUSTICE BUREAU Of FIREARMS LICENSING AND CERTIFICATE OF ELIGIBILITY SECTION

I, Rachel Pyara, do certify and attest under penalty of perjury that I am the legal custodian ofthe Certificate of Eligibility records maintained by the California Department of Justice, Bureau of firearms, Licensing and Certificate of Eligibility Section.

On June 13, 2018 a diligent search of Certificate of Eligibility records was conducted for the following individual:

Tracy T. Olcott

The search revealed that Ms. Olcott currently holds a Certificate of Eligibility issued, by the State of California Department of Justice, on January 01, 2018. I certify that the information provided is complete, true, and exact. This certification was prepared by personnel of the Department in the ordinary course of business on the date stated above.

ar\j RACHEL PYARA Staff Services Analyst Licensing and Certificate of Eligibility Section Bureau of firearms

CALIFORNIA DEPARTMENT OF JUST BUREAU OF FIREARMS COMPI.ETE TRUE AND CORRECT COP JUN 132018 1

..U I VUIMN yr rii*itM ICtW*CU Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.147 Page 9 of 28

E

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C C Case 3:19-cv-00134-CAB-NLSDocument1-6Filed01/21/19PageID.148Page10of28 State of California Department of Justice Bureau of Firearms .IBILITY

This is to da firearms eligibility 1i iothing that would proL %•‘ ;

\ _$

Date ofIssue: July 14,2017 _ dExpirafionDate: July 13,201$

Signatureof Issuing Officer Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.149 Page 11 of 28

Exhibit 2 Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.150 Page 12 of 28

SENIOR PARTNER OF COUNSEL C. D. MICHEL* JOSEPH Di MONDA Scorr M FRANKLIN MANAGING PARTNER CLINT B. MONFORT JOSHUA ROBERT DALE ERIC M. NAKeSU MICHAEL W PRICE MICHEL & ASSOCIATES, RC. A5SOCIA1ES Attqrneys at Law SEAN A. BRADY TIFFANY D. CHEUVRONT MATTHEW D. CUBEIRO ALEXANDER A. FRANK JENNIFER F. HOOSHMANO LOS ANGELES CA

WRITERS DIRECT CONTACT: 562-2 I 6-4450 ALSO ADMITTED IN TEXAS AND THE [email protected] DISTRICT OF COLUMBIA

As a threshold matter, firearm transfers are prohibited from taking place at any gun show in California absent very limited exceptions applicable to law enforcement.’ Instead, all transactions must generally be processed by a California licensed hrearms dealer.2 This allows the dealer to conduct the necessary background check, ensure the firearm is properly registered to the purchaser, and to hold the firearm for the required 10-day waiting period before delivering it to the purchaser.3

I. GENERAL REQUIREMENTS FOR ALL GUN SHOW PRODUCERS AND VENDORS

All gun show producers must possess a valid certificate of eligibility issued by the California Department of Justice, and must:

• Certify that they are familiar with all California laws regarding gun shows; • Possess a minimum of $1,000,000 liability insurance; • Provide an annual list of shows or events to be held to the California Department of Justice; and, • Notify the California Department of Justice no later than 30 days prior to the gun show or event of any changes to the above.4

Producers must make available to law enforcement a complete and accurate list of all vendors that will participate in the show for the purposes of selling, leasing, or transferring firearms.5 ‘See Cal. Penal Code § 27310 (requiring all firearm transfers at gun shows to comply with state and federal law); Cal. Penal Code § 26805 (prohibiting the sale or transfer of a firearm by a licensed dealer at any location other than the dealer’s premises as listed on their license, but allowing dealers to prepare documents at a gun show in preparation for sale at the dealer’s premises); Cal. Penal Code § 27545 (requiring all firearm transactions to be processed through a licensed dealer when neither party is a licensed firearms dealer). 2 Cal. Penal Code § 27545. Cal. Penal Code § 27540. Cal. Penal Code § 27200. Cal. Penal Code § 27205.

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Producers must prepare an annual event and security plan and schedule to the California Department of Justice and any local law enforcement agency. The plan must include:

• The type of show or event; • The estimated number of vendors offering firearms for sale or display; • The estimated number of attendees; • The number of entrances and exits at the event; • The location, dates, and times of the event; • The contact person and telephone number for both the producer and the facility; • The number of sworn peace officers employed by the producer or facility’s manager who will be present at the event; and, • The number of non-sworn security personnel employed by the producer of the facility’s manager who will be present at the event.6

Producers must inform prospective vendors of all California laws regarding gun shows.7

Producers must submit a list of all prospective vendors and designated firearm transfer agents who are licensed firearms dealers to the California Department of Justice no later than seven days prior to the event for the purpose of determining whether the vendors possess a valid license and are thus eligible to participate in the event.8 If it is determined that a vendor does not possess a valid license, the California Department of Justice will notify the producer prior to the commencement of the event, and will then prohibit the vendor from participating in the event.9

If a licensed firearms dealer fails to cooperate with a producer, or fails to comply with all applicable California laws, that dealer will be prohibited from participating in the event.’0

If a producer fails to inform all prospective vendors of California’s laws, or fails to submit a list of all prospective vendors to the California Department of Justice, the event cannot commence.11

All producers must have written contracts with each vendor selling firearms at the event.12

Producers must post signs in a readily visible location at each public entrance to the event that includes all of the following notices:

6 Cal. Penal Code § 27210. ‘ Cal. Penal Code § 27215. 8 Cal. Penal Code § 27220. 9 Id. 10 Cal. Penal Code § 27225. Cal. Penal Code § 27230. 12 Cal. Penal Code § 27235.

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• “This gun show follows all federal, state, and local firearms and weapons laws, without exception. • Any firearm carried onto the premises by any member of the public will be checked, cleared of any ammunition, and secured in a manner that prevents it from being operated, and an identification tag or sticker will be attached to the firearm before the person is allowed admittance to the show. • No member of the public under the age of 18 years shall be admitted to the show unless accompanied by a parent, grandparent, or legal guardian. • All firearms transfers between private parties at the show shall be conducted through a licensed dealer in accordance with applicable state and federal laws. • Persons possessing firearms at this facility must have in their immediate possession government-issued photo identification and display it upon the request to any security officer or any peace officer, as defined in Section 830.13

Producers must also post signs in a readily visible location at each entrance to the parking lot at the event stating:

• “The transfer of firearms on the parking lot of this facility is a crime.”14

A willful failure of a producer to comply with any of California’s applicable laws is considered a misdemeanor punishable with a fine of up to $2,000 and will render the producer ineligible for a gun show producer’s license for one year.’5 Subsequent offenses are grounds for suspension of a producer’s certificate of eligibility.’6

A willful failure of a producer to post the required signs is considered a misdemeanor punishable with a fine of up to $1,000 for the first offense and up to $2,000 for subsequent offenses.’7 Subsequent offenses will render the producer ineligible for a gun show producer license for one year.’8

IL THE GUN SHOW ENFORCEMENT AND SECURITY ACT OF 2000

The Gun Show Enforcement and Security Act of 2000 was part of a larger policy debate about banning gun shows in the state. Thanks to testimony offered by DOJ representatives which warned legislators that banning gun shows would push gun sales into the black market, more restrictions on gun shows were implemented as safeguards. Just this week, in the California State Legislative Hearings of the Public Safety Committee, again the DOJ position that banning gun shows would be detrimental to safety and keeping these transactions out in the open was echoed by Assemblyman Quirk when he stated that “that this is a situation where fat gun shows] all ofthe laws are observed and fpeople don ‘t buy a gun here, I ant worried that they will buy a gun in a

13 Cal. Penal Code § 27240(a). ‘ Cal. Penal Code § 27240(b). Cal. Penal Code § 27245(a). 16 Cal. Penal Code § 27245(c). “ Cal. Penal Code § 27245(b). ‘81d.

I 80 EAST OcEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-2 I 6-4444 ‘ Fp,x: 562-2 I 6-4445 • WWW.MICHELLAWYERS.COM Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.153 Page 15 of 28 place where all oftitose laws are not observed.”19 Assemblyman Quirk refused to support a bill that would shut down a gun show in the state. All gun show vendors must certify in writing to the show’s producer that they:

• Will not display, possess, or offer for sale any firearms, knives, or weapons for which possession or sale is prohibited; • Acknowledge that they are responsible for knowing and complying with all applicable federal, state, and local laws dealing with the possession and transfer of firearms; • Will not engage in activities that incite or encourage hate crimes; • Will process all transfers of firearms through licensed firearms dealers as required by state law; • Will verify that all firearms in their possession will be unloaded, and that the firearms will be secured in a manner that prevents them from being operated except for brief periods when the mechanical condition of the firearm is being demonstrated to a prospective buyer; • Have provided all required information to the producer under Penal Code section 27320; and, • Will not display or possess black powder or offer it for sale.2°

All firearms transfers at gun shows must be processed in accordance with all applicable state and federal laws.2’

Ammunition may only be displayed in closed original factory boxes or other closed containers, with the only exception for showing the ammunition to a prospective buyer.22

Before participating in an event, every vendor who intends to sell firearms must provide the producer with all of the following information relative to the vendor, the vendor’s employees, and other persons, compensated or not, who will be working or otherwise providing services to the public at the vendor’s display space:

• The person’s complete name; • The person’s driver’s license or state-issued identification card number; and, • The person’s date of birth.23

The producer must keep all vendor information at the onsite headquarters of the event and regular place of business for two weeks after the conclusion of the event and make available the information to any peace officer upon request.24

All vendors and their employees must wear a name tag indicating their first and last name.25

‘9 http://assembly.ca.gov/media/assembly-public-safety-201$0619/video

20 Cal. Penal Code § 27305. 21 Cal. Penal Code § 27310. 22 Cal. Penal Code § 27315. 23 Cal. Penal Code § 27320(a). 24 Cal. Penal Code § 27320(b).

80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEAcH • CALIFORNIA • 90802 TEL: 562-2 I 6-4444 . F.x: 562-2 6-4445 • WWW.MICHELLAWYERS.COM Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.154 Page 16 of 28

No person other than security personnel or law enforcement are allowed to possess both a firearm and ammunition for that firearm at the same time, with the exception of vendors who are selling both.26

No member of the public under 18 years of age may enter the event or be permitted to remain unless accompanied by a parent or legal guardian.27

Anyone other than security or law enforcement who brings a firearm into the event must have the firearm checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and have a tag or sticker attached to the firearm prior to being allowed admittance.28 The tag or sticker must state that all firearm transfers must be conducted through a licensed dealer in accordance with all applicable state and federal laws, and must also include the owner’s signature, printed name, and identification number from the owner’s government-issued identification.29

Any person who possess a firearm at a gun show or event must have a government-issued photo identification in their immediate possession and must display it upon request to any security personnel or peace officer.3°

Any unintentional first-time violations of the Gun Show Enforcement and Security Act of 2000 are considered infractions.3’ However, willful violations and subsequent offenses are considered misdemeanors.32

Crossroads of the West Gun Shows have continued to make improvements to their operation protocols which may serve to address some concerns by community members. In addition to complying will all applicable laws, Crossroads Gun Shows have implanted the following additional safety procedures including:

• Retaining the services of a retired California DOJ Bureau of firearms Enforcement Officer to actively monitor activities at shows and insure compliance with state laws;

• Actively surveilling the shows to ensure all merchandise at the shows is legal and compliant with all applicable laws;

25 Cal. Penal Code § 27325. 26 Cal. Penal Code § 27330. 27 Cal. Penal Code § 27335. 2$ Cal. Penal Code § 27340. See also Gun Show Safety and Security Responsibilities: ADDITIONAL REMINDER, California Department of Justice, FIREARMS DIVISION, https :/Ioag.ca. gov/sites/alllfiles/agweb/pdfs/firearms/infobuls/0402.pdf? (May 26, 2004). 29 Cal. Penal Code § 27340. 30 Cal. Penal Code § 27345. 31 Cal. Penal Code § 27350.

80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-2 I 6-4444 • FAx: 562-2 I 6-4445 • WWW.MICHELLAWYERS.COM Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.155 Page 17 of 28

• Increased scrutiny of anyone bringing in a personal firearm for the purposes of repair, appraisal, or repair;

• Education of attendees regarding current transfer of firearm laws and that any such transfer must be through a licensed dealer per applicable law;

• Enforcing new laws regarding ammunition sales where ammunition must be kept behind a barrier and out of reach of the public and only licensed dealers may sell ammunition;

• All employees of any ammunition seller must have a background check and be in possession of a valid Certificate of Eligibility issued by the California DOJ; and,

• Stricter monitoring of shows by contracted security personnel to ensure that no one under the age of 1$ is admitted without a supervising adult.

III. PROHIBITING LAWFUL ACTIONS AT GUN SHOWS WOULD VIOLATE CONSTITUTIONAL PRINCIPLES

Any proposal requiring the Show to be discontinued would be problematic since it would likely be unconstitutional and lead to possible litigation. Banning the Show would be an improper content- based restriction that violates the First Amendment, unduly and unjustly burdens activity protected by the Second Amendment, and makes classifications affecting those fundamental rights in violation of the Fourteenth Amendment’s Equal Protection Clause.

I 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • gO802 TEL: 562-2 I 6-4444 • FAX: 562-2 I 6-4445 • WWW.MICHELLAWYERS.COM Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.156 Page 18 of 28

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RETAILERS Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.157 Page 19 of 28 of 19 Page PageID.157 01/21/19 Filed 1-6 Document 3:19-cv-00134-CAB-NLS Case Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.158 Page 20 of 28

Exhibit 4 Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.159 Page 21 of 28

NOU-19-2013 1:43 FROM:CROSSROADS OF THE WE 14822456329 TO: 15622164445 P.9’lS

1 DENNIS I. HERRERA, ttate Bar #1 39659 City Attorney 2 OWEN S. CLEMENT$, State Br#141SO5 Chief of Complex & Special Litigation 3 KRISUNE POPLAWSKI, stat Ba 11160755 CHRISTINE VAN AKEN, State But #241755 4 Deputy City Attorneys 1390 Market $trect 7th P1, 5 San Francisco, Cailfonila 94 102-5408 Telephone: (415) 554-3878 6 Facsimile: (415) 554-3985 R-Mail: kristinc.poplawski©sfgov. rg 7 E-Mail: christinc.vaa.akensfgov.. rg 8 Attorneys for PlaintifF 9 TEtE PEOPLE OF THE STATE OF CAL FORNIA, ex ret San Francisco City Attorney Dennis 3. I-Ierera 10 11 12 13 SUPERIOR COUR’ OF THE STATE OE CALIFORNIA 14 COUN’1’Y OP SAN FRANCISCO is UNLIMITED JURISDICTION 16 TFII PEOPLE OF THE STATE OF Case No. CGC-I-53 1922 CALIFORNIA, cx rd. San Francisco City 17 Attorney Dennis J. Herrera, STIPULATED INJUNCTION AND OID1R FOR ENTRY O? 3Ui)(MENT 18 PIaintiff Date ActIon Piled: 3unc 10, 2013 19 VS. Trial Date: Not set 20 44MAG DISTRIBUTING LLC d/b/a 44MAQ.COM, an Oregon limited liability 21 company; EXILE MACHINE, LLC, dib/a EXILEMACH1NE.C0M, a Texas limited 22 liability company; COPES DISTRIBUTING, INC., an Ohio corporation; and B &L 23 PRODUCTIONS, INC., a Utah corporatiqn, d/b/a CROSSROADS OP THE WEST GTiN 24 SHOWS, and DOES 1 through 50, incIui”’e. 25 Defendants. 26

27 AJ3J3RBVDOC NAMT3 ‘.-Oasa No,. COC-l3- 1982 naclmosh 22 tiu;u,ce:cnihd:dawnIaacjszonridcntjat rotc to confldcuiiai scttlcnietir coiurnunlcaliaa r p4up10 v:005a64a t.dfl ______

Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.160 Page 22 of 28

P.1@’18 1480245S3 TO: 15522164445 NDU-19-2013 10:43 FROM:CROSSRODS OF THE WE

I 2 ?laintiff the People of the State of afifornia, acting by and through San i?rancisco City 3 Attorney Dennis J. Herrera (“Plaintiff’) an1 defendant B & L Productions, Inc. 3 &L 4 Productions”), having executed a $ctttement Agreement, present this stipulated injunction and order S for entry ofjudgment to Department 304 o’the San Francisco Superior Court. Plaintiff and B & L 6 Productions consent to entry of this Stipulated injunction and Ordcr for ntiy of Judgment by the 7 Court, and Plaintiff and B & I.. Productions waive their respective rights to a noticed motion, hearing, 8 or trial. The Plaintiff end B & L Productions agree that this Stipulated Injunction and Order for Entty 9 of Judgment shalt be entered and become lmn& for all purposes upon entry thereof and each party to 10 this Stipulated Injunction and Order for Eny of Judgment waives any right to appeal therefrom. 11 The Plaintiffand 3 & L Producdond hereby request that this Court retain jurisdiction pursuant 12 to California Code of CivIl Procedure sectidn 664.6 to enforce their Settlement Agreement. 13 Accordingly, IT IS BEREBY OIUERED, ADJUDGED AND DECREED as follows: 14 A, JURISDICTION, This Court has jurisdiction over the subject matter ofthis lawsuit as set is forth in the allegations of the Complaint against B & L Productions and over the Plaintiff and B & L [6 Productions to make rurther orders and dirotions as may be necessary or appropriate for tb 17 Construction, application or carrying out oftic provisions herein. g B. iNJUNCTION. 13 & L Produc9ons shall prohibit exhibitors or vendors at all B &

19 Production events held in the $tatc of California from offering or displaying for sale or setting any 20 magazine box, tube, body, or drum, which, v.’ith or without modification, is capable of holding more 21 thaiz ten rounds, subject to the following exeptions and terms: 22 a. B & L Productions shilI be released from the obligation set forth in the 23 preceding paragraph ui the event the Lie ol such parts m deemed legal r permtssible by any 24 subsequcnt 25 1, Agreement between Plaintiff and any other defendant in this litigation; 26 j 2. 2? AREV DOCAMk, -.Case No.. CGC-13-5319M2 nilntuah 28 jtd:uowncLuj:downIood:caIdT4dn(1n to to rc confldcntinl cfltqinnt coiti,inka1kn to poopic v:O34I.dc Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.161 Page 23 of 28

NOV-19-a013 10:44 FRQM:CRDSSROADS OF THE NE 14802456329 TO:15622164445 P.11_lB

ii, Final judgm1ent in the tJtigadon or any other iltigation that holds that

2 restrictions on the possession, impprtation, manufacture or sale of magazines capable of 3 holding more than ten rounds are Jnconsututional, or that holds that the impoitation or sale of

4 magatines capable of holdmg more than ten rounds in California must be pernutted, 01 that 5 expressly holds that the importation or sale in California of magazine boxes, tubes, bodies, or 6 drums, which are capable of ho)dig more than ten rounds must be permhted provided that, 7 upon motion of B&L Productions, thc San Francisco Superior Court finds and determines that 8 said final judgment or order indeed permits the conduct that B&L Productions proposes to 9 engage in; or 10 iii, Any change in statuc that perrnit5 the importation or sale of magazines capable 11 of holding morc than ten rounds in Cliinnia or expressl>r allows the importation or sale in California 12 of magazine boxes, tubes, bodies, or dmmL whict; &e capable ofhoing more than ten rounds, 13 b. Nothing in thIs injtJiction lImits the rIghts of3 & L Productions or its vendors 14 to sell the following repair or replacement palts for large capacity magazines followers, IS follower springs, follower buttons, follower locks follower lock cpi ings, lips, no%ztc rubberq. 16 hp set pins, tuner base set pins, ret ase valves, chargtng valves, inner tubes, timer baseq, inner 17 base seals, base plates, hise plate 1 cks, bae, base lock pins, block ret’i nor plugs, locking 18 plates, and inserts. 19 C. Plaintiff shall take nothing further from B & L Productions in connection with th 20 Complaint except as provided in this Stipu’ated Injunction and Order for Entry of Judgment and as 21. provided hi the Settlement Agreement exefuted by Plaintiff and B & L Productions. 22 1). Except as otherwise provided i4 the Settlement Agreement, Plaintiff and B & L 23 Productions shall bear their own costs, feed, and expenses. 24 ]. Pursuant to the request of the Paintiffand B & L Productions, this Court shall retain 25 continuing jurisdiction to enforce the Settlement Agreement and Release,

ABBREV iic NAME —Ctiso Na.. CGC.J3-51982 22 to ro to COnfi4tII otflcnicnr to pcaplo v:O8a648 I.dac ______

Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.162 Page 24 of 28

P.12’lB WE j4Bj245G329 TO 1562216444S NCU-19-2013 lg:44 FRDM:CR0SSRDDS OF THE

1 F. The Court hereby orders that Judgment in this matter be entered in the form stipututcd by

2 Plaindif and B & L Productions.

3 4 5 6 7 $ 9 10 11 I2

13

14

15 16

17 18 19

20

21 22

23 24 25

26 4 27 ABBRI!VDOCNAMB --CaeNo.. CGC--3I9S2 mucthLosft

28 r re re contidautlul c1flciiiciiI immunico(lon re pcopa v00fi864S1.doG ______

Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.163 Page 25 of 28

P. 13’lB 14e0245629 TC:1562216444S NDU-19--2013 10:44 FROM:CROSSRDADS CF THE WE

SO STiPULATED; 2 DATED; Plaintiff thc People ofthe State of Cat ifarnia, by and 3 I through City Attorney Dennis J. Herrera 4 By: 5 Name: Dennisl, Herrera City Attorney 6 7 DATED: tf/7-? Defendant B & L Productions, Inc.

______Name: Bob Templeton / 1.0 Title: 11 I APPROVED AS TO FORM: 12 DATED: SAN FRANCISCO CITY ATTORNEY’S OIF1CE 13

14 By: Name; 15 Deputy City Attorney 16 lAttonleys for Plaintiff PEOPL] OF THE STATE Ol ICAUFORNIA by and through San Francisco City 17 Attorney Dennis 3. Herrera

19 DATED; CHFJ, & ASSOCIATES, P.C.

21

22 ttorneys for Defendant B & L Productions 23 24 25 26 5 2? DOC NAMI --Case N. CGC-13-53 I 92 h41grs:gfl&d:dQwnIods:canfk1dfltfflJ 28 re commuidctio (e pcopt. ______

Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.164 Page 26 of 28

P.14’IB NE 14802456329 TO: 15622164445 NO)-19-a013 10:44 FROM:CROSSRDRDS OF THE

1TIS$OORDERETh 2

ThAThD; 3 Honorable Curtis 1.A, K&now Judge or the Superior Court 4 5 6 7 I 8 9 10 11 12 13 I 14 ‘5

16 17

18 19 20 21 22 23 24 25 26 6 27 l ABBREVT)OCNAME .-CaoNo., CGC-t3-S31R2 naciqjoh I hd:usc:mchd:down1oad;confldcu1aI 28 to to to oonlTdcnti1 stdcmcnt oonImunicatloII to pooplo v:OO48I 4cc Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.165 Page 27 of 28

Exhibit 5 Case 3:19-cv-00134-CAB-NLS Document 1-6 Filed 01/21/19 PageID.166 Page 28 of 28 Case 3:19-cv-00134-CAB-NLS Document 1-7 Filed 01/21/19 PageID.167 Page 1 of 2

EXHIBIT 7 Case 3:19-cv-00134-CAB-NLS Document 1-7 Filed 01/21/19 PageID.168 Page 2 of 2 Case 3:19-cv-00134-CAB-NLS Document 1-8 Filed 01/21/19 PageID.169 Page 1 of 3

B & L Productions, Inc., d/b/a Crossroads of the West, et al. 22nd District Agricultural Association, et al.

Davis County, Utah

'19CV0134 CAB NLS See Attachment

X

X

X

42 U.S.C. section 1983

Violation of Free Speech-Political & Commercial; Prior Restraint on Speech; Right to Assembly; Equal Protection

X

January 21, 2019 s/C.D. Michel Case 3:19-cv-00134-CAB-NLS Document 1-8 Filed 01/21/19 PageID.170 Page 2 of 3 Case 3:19-cv-00134-CAB-NLS Document 1-8 Filed 01/21/19 PageID.171 Page 3 of 3

Attachment to Civil Cover Sheet (JS 44)

I. (c) Attorneys for Plaintiffs:

Attorneys for Plaintiffs B & L Productions, Inc., Barry Bardack, Ronald J. Diaz, Sr., John Dupree, Christopher Irick, Lawrence Walsh, Maximum Wholesale, Inc., California Rifle & Pistol Association, Incorporated, South Bay Rod and Gun Club, Inc.:

C.D. Michel-SBN 144258 Anna M. Barvir-SBN 268728 Tiffany D. Cheuvront-SBN 317144 MICHEL & ASSOCIATES, P.C. 180 East Ocean Blvd., Suite 200 Long Beach, CA 90802 Telephone: (562) 216-4444

Attorney for Plaintiff Second Amendment Foundation:

Donald Kilmer-SBN 179986 Law Offices of Donald Kilmer, APC 1645 Willow Street Suite 150 San Jose, CA 95125 Telephone: (408) 264-8489