1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 2 SAN JOSE DIVISION ------------------------------------------------------------------ x 3 : Case No. 5:20-cv-07741-BLF SANTA CRUZ LESBIAN AND GAY COMMUNITY : 4 CENTER, et al., : ORDER GRANTING IN PART : MOTION FOR NATIONWIDE 5 Plaintiffs, : PRELIMINARY INJUNCTION 6 : v. : 7 : DONALD J. TRUMP, et al., : 8 : Defendants. : 9 : 10 ------------------------------------------------------------------ X 11 Upon consideration of Plaintiffs’ Motion for Nationwide Preliminary Injunctive Relief 12 and Memorandum of Points and Authorities and, with the benefit of oral argument, this Court 13 finds that Plaintiffs have demonstrated a need for preliminary injunctive relief in this case. See 14 Winter v. Natural Resources Defense Council, Inc.,

(2008). Thus, the Court 15 GRANTS IN PART Plaintiffs’ motion and issues the following preliminary injunction against 16 the following organizational defendants and individual defendants in their official capacities, the 17 U.S. Department of Labor and its Secretary, Eugene Scalia; Craig E. Leen, Director of the Office 18 of Federal Contract Compliance Programs (“OFCCP”); the Office of Management and Budget 19 (“OMB”) and its Director, Russell Vought; U.S. Department of Health and Human Services and 20 its Secretary, Alex M. Azar II; U.S. Department of Justice and the Attorney General, William 21 Pelham Barr; U.S. Department of Housing and Urban Development and its Secretary, Benjamin 22 Solomon Carson, Sr.; U.S. Department of Veterans Affairs and its Secretary, Robert Wilkie; the 23 National Endowment for the Humanities and its Chair, Jon Parrish Peede; and the National 24 Endowment for the Arts and its Chair, Mary Anne Carter (“Defendants”): 25 1. Defendants are hereby enjoined from implementing or enforcing Sections 4 and 5 of 26 Executive Order 13950 (the “Executive Order”) in any manner against any recipient of 27 2 Specifically, Defendants, 3 a. With regard to Section 4(a)(1), shall not insist on, impose, or include provisions in 4 any government contract or subcontract requiring that contractors or 5 subcontractors not use workplace trainings that involve the concepts set forth in 6 Section 4(a)(1) of the Executive Order and agency guidance anticipating or 7 implementing the Executive Order, including OMB Memorandum M-20-34, OMB 8 Memorandum M-20-37, Department of Labor FAQs dated October 7, 2020, and 9 Department of Labor Request for Information dated October 22, 2020; and shall 10 not enforce any such provisions contained in government contracts or subcontracts 11 to the extent that those provisions have already been included; 12 b. With regard to Section 4(a)(2), shall not require contractors or subcontractors to 13 provide notice of any commitments under the Executive Order or any contract 14 term inserted pursuant to the Executive Order to their respective labor unions or 15 employee representatives; 16 c. With regard to Section 4(a)(3), shall not cancel, terminate, suspend in whole or in 17 part, any contractor or subcontractors’ government contracts, nor declare any 18 contractor or subcontractor ineligible for further government contracts, nor impose 19 any other sanctions, on the basis of purported noncompliance with the Executive 20 Order or any agency action implementing Section 4 or 5 of the Executive Order; 21 d. With regard to Section 4(a)(4), shall not require contractors to include any 22 provisions in their subcontracts and purchase orders to bind their subcontractors 23 and vendors to the terms of the Executive Order or agency action implementing 24 Section 4 or 5 of the Executive Order, nor require contractors to take action with 25 regard to any subcontract or purchase order to enforce such provisions; 26 e. With regard to Section 4(b), shall not utilize any hotline to collect information 27 regarding contractors’ alleged noncompliance with the Executive Order or any 28 2 any such alleged noncompliance with the Executive Order, received through the 3 OFCCP hotline or any other means, nor take any enforcement action or provide 4 any remedial relief as a result of such alleged noncompliance with the Executive 5 Order; 6 f. With regard to Section 4(c), shall not publish any additional Requests for 7 Information seeking information from any individual or entity regarding the 8 training, workshops, or programming provided to employees of government 9 contractors or subcontractors with respect to compliance or noncompliance with 10 the Executive Order or any agency action implementing Section 4 or 5 of the 11 Executive Order; 12 g. With regard to Section 5, shall not insist on, impose, or include—or instruct, 13 require, facilitate, or permit any agency to insist on, impose, or include— 14 conditions in any grant program requiring grant or sub-grant recipients to certify 15 that they will not use federal funds to promote any of the concepts set forth in 16 Section 5 of the Executive Order and agency guidance anticipating or 17 implementing the Executive Order, nor instruct, require, facilitate, or permit any 18 agency review of grant programs or identification of grant programs on which 19 such restrictive conditions may be imposed, nor submit reports that have been 20 drafted or prepared prior to the date of this Order regarding grant programs on 21 which such restrictive conditions may be imposed, nor review such reports already 22 produced pursuant to the Executive Order; and shall not enforce any such 23 conditions imposed on grantees and sub-grantees to the extent they have already 24 been included in government grants or sub-grants; and 25 h. Shall not take any other action, whether or not listed above, intended to effectuate 26 or enforce Section 4 or 5 of the Executive Order. 27 28 1 2. This injunction shall take effect immediately. Defendants shall take appropriate steps to 2 ensure prompt compliance, and shall provide notice of this injunction to contractors, sub- 3 contractors, grantees, and sub-grantees for whom such terms have been imposed. 4 3. This injunction shall apply to all Defendants as well as any of Defendants’ officers, 5 agents, servants, employees, and attorneys. This injunction shall further apply to any other 6 persons who are in active concert or participation with Defendants or Defendants’ 7 officers, agents, servants, employees, and attorneys. Fed. R. Civ. P. 65(d)(2). 8 4. This injunction shall be in effect until further order of the Court. 9 10 IT IS SO ORDERED. 11 12 Dated: December 22, 2020 13 hom Lh homer) 4 BETH LABSON FREEMAN UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28