Fair Trade Endorsement Would Be Misuse of a Public Resource

The City of La Mesa seal with the name clearly showing is protected, in whole and in part, by city code section 1.04. As such it is then clear the City (for and on behalf of the citizens of the City of La Mesa) does not allow the seal or name to be used without authorization.

It then follows that the city seal and name have a value to the city (the public) and are a resource worth protecting. Consequently, the city name and the city seal are a valued public resource maintained and protected by taxpayer funds.

Under California law, local governments are strictly prohibited from engaging in political advocacy using public resources. Local governments may make public statements of an informational nature, provided they are factual and impartial.

Statements that are not factual, or that are not impartial, are prohibited both by our state and federal Constitutions. The proposed resolution is not impartial as it encourages members of our community to use, sell or provide Fair trade products whenever possible.

This clearly demonstrates the City by this resolution will add its offical voice to favor a certain narrow class of products endorsed by a private organization with an express political agenda of social justice over other products without the Fair Trade certification.

Social Justice is simply an opinion of what is just or fair. The Free Speech clauses of the federal and state Constitutions prohibit the use of governmentally compelled monetary contributions (including taxes) to support or oppose political activity since "[s]uch contributions are a form of speech, and compelled speech offends the First Amendment." Smith v. U.C. Regents (1993) 4 Cal.4th 843, 852.

Therefore, the good and valued name and seal of the City of La Mesa is a public resource, supported and maintained by taxpayers, and must not be used for political purposes or political endorsements such as the "Resolution Supporting La Mesa Becoming a Fair Trade City."