Legislative Toolkit

Case Study: Berkeley, CA

By Brett Chamberlin, Executive Director, OPEN

In 2016, a group of grassroots activists in Berkeley, California launched a campaign to introduce legal protections for polyamorous residents. They identified a sympathetic councilmember and worked together to draft and introduce a bill. In 2017, the bill passed City Council unanimously on first reading and was sent to the City Attorney for legal review. However, it never reappeared on the Council agenda for a second reading and final adoption. The activists were left in the dark about what had gone wrong and had little leverage to make another attempt.

In 2023, OPEN began working with this grassroots group to finish what they had started. Our first step was to find a new sponsor for the bill. We reached out to the original sponsor, still on city council, who informed us that while he would support the bill, his priorities had changed and he couldn't sponsor it. He directed us to another councilmember who might be receptive.

I met with Councilmember Terry Taplin over lunch that June to discuss the proposed ordinance. He expressed openness to sponsoring the legislation, and we ended the meeting with clear next steps.

A crucial task was for Councilmember Taplin to facilitate a conversation with the City Attorney to understand why the 2017 bill never returned to council. Due to the city's budget process and summer recess, this call didn't happen until late November. In the meantime, we brought in our coalition partners at PLAC, who provided model legislative language. We shared this with the City Attorney before our call, along with a memo clarifying differences between the 2017 bill and the new proposal.

During the call, we tackled several key legal questions, many of which the Polyamory Legal Advocacy Coalition (PLAC) was able to address immediately, while others required more in-depth research. PLAC took the lead in reviewing the proposed legislation for any potential vulnerabilities, particularly in California, where state employment preemption laws presented challenges. After conducting a thorough legal analysis, PLAC identified several issues and crafted an amended ordinance that would withstand legal scrutiny. Their involvement was instrumental in ensuring the bill's legal soundness, and they worked closely with the City Attorney as the draft was adapted to align with Berkeley's city code. Over the following month, we collaboratively resolved any remaining legal concerns, and the final draft was delivered to Councilmember Taplin’s office just before the New Year. 

On Valentine's Day 2024, the bill was officially introduced. Two weeks later, it went to the Agenda and Rules Policy Committee. We mobilized local supporters to attend the meeting and encouraged residents to contact committee members expressing their support. At the committee meeting, one councilmember (who was running for Mayor) raised questions about the bill's impact and requested more time. The bill was rescheduled for early May, but we were encouraged that there were no fundamental objections.

We proactively provided information to address the councilmember's concerns and continued to rally local support. By the time of the first council vote, we were confident in its passage. The item was placed on the "consent calendar," typically reserved for non-controversial items.

The bill passed its first vote with several councilmembers expressing support. Two weeks later, it passed the second reading and was formally adopted. Victory!

There are a number of important lessons to be drawn from this case study:

1. The power of grassroots activism: It was fewer than a dozen local residents who first put their heads together to get this conversation started back in 2016. This small group of dedicated activists laid the groundwork for eventual success, demonstrating that even a handful of committed individuals can spark significant change in their community.

2. Persistence and patience: From that first lunch meeting with Councilmember Taplin to the final passage of the bill was almost a full year! This timeline illustrates that policy change often moves slowly, but it's crucial to stick with it. Persistence in the face of delays and setbacks is often what separates successful advocacy efforts from those that fizzle out.

3. External political factors: Other political circumstances totally beyond your control can impact the timeline or outcome of your efforts. For example, the councilmember who raised questions at that first committee meeting, leading to a more than two-month additional delay, was running for Mayor. We suspect that she wanted to demonstrate particular diligence given how she was positioning her candidacy for mayor. This shows the importance of understanding the broader political context in which you're operating and being prepared to navigate unexpected challenges.

4. Importance of Legal Experts: PLAC played a pivotal role in ensuring that the model legislation, which was initially crafted for general application across the U.S., could withstand the specific legal complexities of California. They meticulously analyzed the proposed bill to identify any potential legal challenges, particularly related to state employment law preemption, which could have jeopardized the ordinance. PLAC provided detailed legal guidance and recommendations, ultimately drafting an amended version of the legislation that addressed these concerns and ensured it would be legally sound in California. Their expertise not only protected the legislation from challenge but also facilitated the seamless adaptation of the bill into Berkeley's city code. Without PLAC's legal expertise and strategic involvement, the bill may not have survived the rigorous scrutiny required in such a complex legal landscape.

5. Building coalitions: Partnering with organizations like the Polyamory Legal Advocacy Coalition provided valuable resources and expertise. These collaborations can strengthen your position and provide access to additional tools and knowledge. That’s why we suggest reaching out to OPEN and the Polyamory Legal Advocacy Coalition for support after identifying a potential sponsor for your bill.

6. Community engagement: Mobilizing local supporters to attend meetings and contact council members demonstrated grassroots support for the bill. This kind of community involvement can be crucial in showing policymakers that there's a real desire for change among their constituents.

This case study demonstrates that with dedication, strategic planning, and community support, it's possible to achieve significant policy changes, even when initial attempts face setbacks. The journey from grassroots idea to enacted law may be long and complex, but it's a testament to the power of persistent, well-organized advocacy.