UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JOAQUÍN CARCAÑO, et al., Plaintiffs, No. 1:16-cv-00236-TDS-JEP v. PATRICK MCCRORY, et al., Defendants. DECLARATION OF LUKE C. PLATZER 1. I am a member of the bar of the State of New York and of the District of Columbia and have been specially admitted to this Court pursuant to L.R. 83.1(d). I am a partner in the law firm Jenner & Block LLP, counsel for Plaintiffs in this action. I make this declaration on personal knowledge, in support of Plaintiffs’ Motion for a Preliminary Injunction. 2. Attached as Exhibit A to this declaration is a true and correct copy of N.C. House Bill 2, 2d Extra Sess. (2016) (Sess. Law 2016-3), available at http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdf. 3. Attached as Exhibit B to this declaration is a true and correct copy of Charlotte Ordinance No. 7056, Ordinance Book 59, Page 743 (Feb. 22, 2016), available at https://www2.municode.com/library/nc/charlotte/codes/code_of_ordinances. 1 Case 1:16-cv-00236-TDS-JEP Document 23 Filed 05/16/16 Page 1 of 10 4. Attached as Exhibit C to this declaration is a true and correct copy of Memorandum from City Attorney Robert E. Hagemann, City of Charlotte, to Mayor and City Council (Feb. 3, 2016), available at http://charlottenc.legistar.com/gateway.aspx?M=F&ID=3f33c901-4c64-4011-9355- 6fda5ee4e240.pdf. 5. Attached as Exhibit D to this declaration is a true and correct copy of Charlotte City Council Meeting Minutes (Feb. 22, 2016), available at http://charmeck.org/city/charlotte/CityClerk/Minutes/February%2022,%202016.pdf. 6. Attached as Exhibit E to this declaration is a true and correct copy of Steve Harrison, Charlotte City Council Approves LGBT Protections in 7-4 Vote, Charlotte Observer (Feb. 22, 2016), http://www.charlotteobserver.com/news/politics- government/article61786967.html. 7. Attached as Exhibit F to this declaration is a true and correct copy of Steve Harrison, McCrory: If Charlotte Approves LGBT Protection, ‘Immediate’ State Response Likely, Charlotte Observer (Feb. 22, 2016), http://www.charlotteobserver.com/news/politics-government/article61307857.html. 8. Attached as Exhibit G to this declaration is a true and correct copy of Adam Lawson, Local Legislators Vow to Reverse Charlotte LGBT Ordinance, Lincoln Times-News (Feb. 23, 2016) http://www.lincolntimesnews.com/2016/02/23/local- legislators-vow-to-reverse-charlotte-lgbt-ordinance/. 9. Attached as Exhibit H to this declaration is a true and correct copy of Colleen Jenkins, N.C. City’s Vote To Expand Transgender Rights Draws State 2 Case 1:16-cv-00236-TDS-JEP Document 23 Filed 05/16/16 Page 2 of 10 Opposition, Reuters (Feb. 23, 2016), http://www.reuters.com/article/us-north-carolina- transgender-idUSKCN0VW295. 10. Attached as Exhibit I to this declaration is a true and correct copy of Jim Morrill, NC House Speaker Weighs Special Session on Charlotte LGBT Ordinance, News & Observer (Feb. 25, 2016), http://www.newsobserver.com/news/politics- government/state-politics/article62475792.html. 11. Attached as Exhibit J to this declaration is a transcript, prepared at my direction, of Ben Brown, Video Interview, Speaker Tim Moore on Transgender Bathrooms, News & Observer (Feb. 25, 2016), http://www.newsobserver.com/news/politics-government/state- politics/article62503082.html. 12. Attached as Exhibit K to this declaration is a true and correct copy of Amy Elliott, Group Rallies Against Proposed Special Session on Non-Discrimination Ordinance, Time Warner Cable News (Central N.C.) (Mar. 17, 2016), http://www.twcnews.com/nc/triangle-sandhills/news/2016/03/17/group-rallies-against- proposed-special-session-on-charlotte-s-non-discrimination-ordinance.html. 13. Attached as Exhibit L to this declaration is a true and correct copy of Joe Killian, General Assembly May Hold Special Session to Block New Charlotte LGBT Protections, Greensboro News & Record (Feb. 25, 2016), http://www.greensboro.com/news/general-assembly-may-hold-special-session-to-block- new-charlotte/article_e22def62-350c-51d5-b558-223520146afc.html. 3 Case 1:16-cv-00236-TDS-JEP Document 23 Filed 05/16/16 Page 3 of 10 14. Attached as Exhibit M to this declaration is a true and correct copy of Jim Morrill, Republican Lawmakers Blast Charlotte’s LGBT Protections, News & Observer (Mar. 3, 2016), http://www.newsobserver.com/news/politics- government/politics-columns-blogs/under-the-dome/article63893592.html. 15. Attached as Exhibit N to this declaration is a true and correct copy of Quotes of the Week, Salisbury Post (Mar. 25, 2016), http://www.salisburypost.com/2016/03/25/quotes-of-the-week-142/. 16. Attached as Exhibit O to this declaration is a true and correct copy of Carolyn Steeves, Legislature Trumps Charlotte; Overrules Non-Discrimination Ordinance, Monroe Enquirer Journal (Mar. 24, 2016), http://www.enquirerjournal.com/news/legislature-trumps-charlotte-overrules-non- discrimination-ordinance/article_0d8957a8-f1f9-11e5-a391-f7d5aaa51078.html. 17. Attached as Exhibit P to this declaration is a true and correct copy of Mark Binker, McCrory Opposes Charlotte Bathroom Law But Doesn’t Want a Special Session, WRAL (Feb. 29, 2016), http://www.wral.com/mccrory-opposes-charlotte- bathroom-law-but-doesn-t-want-a-special-session/15450101/. 18. Attached as Exhibit Q to this declaration is a true and correct copy of N.C. House Speaker Tim Moore (@NCHouseSpeaker), I have received…, Twitter (Mar. 3, 2016, 12:35 PM), https://twitter.com/nchousespeaker/status/705491809762480128. 19. Attached as Exhibit R to this declaration is a true and correct copy of Colin Campbell, Leaders Aren’t Releasing Bill for Wednesday’s NC Special Session on 4 Case 1:16-cv-00236-TDS-JEP Document 23 Filed 05/16/16 Page 4 of 10 Bathroom, Charlotte Observer (Mar. 22, 2016), http://www.charlotteobserver.com/news/politics-government/article67566492.html. 20. Attached as Exhibit S to this declaration is a transcript, prepared at my direction, of Proceedings of the N.C. House of Representatives, 2d Extra Sess., 1st Legis. Day at 0:10:00-0:11:09 (Mar. 23, 2016), available at http://www.ncleg.net/DocumentSites/HouseDocuments/2015- 2016%20Session/Audio%20Archives/2016/03-23-2016.mp3. 21. Attached as Exhibit T to this declaration is a true and correct copy of Henry Gargan, Triangle Governments Scramble to Decipher Law’s Impact, News & Observer (Mar. 24, 2016), http://www.newsobserver.com/news/politics- government/article68123457.html. 22. Attached as Exhibit U to this declaration is a true and correct copy of Steve Harrison, NC Gov Pat McCrory Signs into Law Bill Restricting LGBT Protections, Charlotte Observer (Mar. 23, 2016), http://www.charlotteobserver.com/news/local/article67845317.html. 23. Attached as Exhibit V to this declaration is a true and correct copy of Associated Press, McCrory Signs Bill Blocking LGBT Protections, Cateret County News-Times (Mar. 23, 2016), http://www.carolinacoastonline.com/news_times/article_fc962d82-f16b-11e5-ba84- cf764fa25188.html. 24. Attached as Exhibit W to this declaration is a true and correct copy of Camila Domonoske, North Carolina Passes Law Blocking Measures to Protect LGBT 5 Case 1:16-cv-00236-TDS-JEP Document 23 Filed 05/16/16 Page 5 of 10 People, NPR (Mar. 24, 2016), http://www.npr.org/sections/thetwo- way/2016/03/24/471700323/north-carolina-passes-law-blocking-measures-to-protect- lgbt-people. 25. Attached as Exhibit X to this declaration is a true and correct copy of N.C. Exec. Order 93 (Apr. 12, 2016), available at https://ncgovernor.s3.amazonaws.com/s3fs- public/documents/files/McCrory%20EO%2093_0.pdf. 26. Attached as Exhibit Y to this declaration is a true and correct copy of Colin Campbell, McCrory Distances Himself from Sexual Predator Claims Backing House Bill 2, News & Observer (Apr. 29, 2016), http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under- the-dome/article74648442.html. 27. Attached as Exhibit Z to this declaration is a true and correct copy of Fox News Sunday, Manafort on Trump’s Fight To Rally GOP, Defeat Democrats; Governor McCrory on Showdown over NC’s Transgender Bathroom Law, Fox News (May 8, 2016), http://www.foxnews.com/transcript/2016/05/08/manafort-on-trump-fight- to-rally-gop-defeat-democrats-gov-mccrory-on-showdown/. 28. Attached as Exhibit AA to this declaration is a true and correct copy of Letter from Margaret Spellings, President, UNC, to Vanita Gupta, Principal Dep. Asst. Att’y Gen., U.S. Dep’t of Justice (May 9, 2016), available at http://www.northcarolina.edu/sites/default/files/05_09_16_letter_to_doj.pdf. 6 Case 1:16-cv-00236-TDS-JEP Document 23 Filed 05/16/16 Page 6 of 10 29. Attached as Exhibit AB to this declaration is a true and correct copy of Press Release, UNC, Statements Following Special Meeting of the UNC Board of Governors (May 10, 2016), available at http://www.northcarolina.edu/sites/default/files/statements_following_special_meeting_o f_the_unc_board_of_governors.pdf. 30. Attached as Exhibit AC to this declaration is a true and correct copy of Letter from James A. Ferg-Cadima, U.S. Dep’t of Educ. Office of Civil Rights (Jan. 7, 2015), exhibit B to Statement of Interest of the United States (D.E. 28, 28-2), G.G. v. Gloucester County Sch. Bd., No. 4:15-cv-00054 (E.D. Va. filed June 29, 2015), available at https://www.justice.gov/sites/default/files/crt/legacy/2015/07/09/gloucestersoi.pdf. 31. Attached as Exhibit AD to this declaration is a true and correct copy of Letter from Catherine E. Lhamon, Asst. Sec. for Civil Rights, U.S. Dep’t of Educ, and Vanita Gupta, Principal Dep.