6DCA Oral Argument - 2025/10/09 Afternoon Session - Oct 09, 2025
argument6DCA Oral Argument - 2025/10/09 Afternoon Session
California Sixth District Court of Appeal
27 min
2 chapters
transcribed 7 days ago
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How does the pre‑argument technical setup affect the oral hearing?
microphone on.
Sorry I couldn't find it.
Okay. The justices are going to be out in just a couple minutes.
I will be turning my camera and microphone
off. I'm going to go to them, right?
Yes, they're going to appear in one of those top boxes, and then once the microphones are active and they're talking, it's going to turn into the big window on your screen. Instead of me, it'll go over to the justices. It's a split screen, so the justices will be on the top, and then you'll see opposing counsel on the bottom. They'll be on. OK, and I'm going to
turn off. OK. Thank you. Of
course.
You've been most kind.
Thank you so much. Happy to help.
Thank you.
Good afternoon. Please be seated. I'm just inquiring if Mr. Alexander is on the line.
All right. Yes, ma'am. Oh,
terrific. Okay, great. Well, I'm going to call the case now, and we'll hear from each of you. The case is, first of all, welcome to the Sixth District Court of Appeal for Oral Argument. We have one matter on calendar this afternoon. Case is H051744, Michael Alexander, Plaintiff and Appellant, versus City of Santa Cruz. And I will address each side individually. Mr. Alexander, you are on the line?
Yes, ma'am, I am.
Okay, terrific. You have 15 minutes total. You've requested eight minutes to start and then seven for rebuttal. Is that correct?
Yes, ma'am.
Okay, good. And it's my understanding that you will be playing a recording that has your argument in it. Is that correct?
Yes, ma'am, but it has some minor issues.
Okay. Do you want to talk about those
now? It's I try to use text to speech and speech to text technology, and it's far from perfect. So at a portion of the opening argument and the rebuttal, it speeds up and I don't know why. And because of my blindness, I can't figure out how to fix it. So it was either go with what we got or go with nothing at all. And I think it's okay. I tested it with Samantha, your Zoom coordinator, and she said it was legible. So I'm going to have to roll with that.
Sir, we understand that this has been a challenge for you. I want to thank our staff for working with you. I want to make clear that the court has not heard your argument yet. So we will hear it. And it sounds... like your preference is to play it, is that correct, rather than not submitting an argument?
Actually, I'd like to play it, but out of due respect for the court and opposing counsel, I seek to take advantage of no one. So I could submit it by writing as well, but it wouldn't be until next week because I'm not supposed to be on a computer. My video is now completely gray and blurred, so I couldn't send it until next week.
Our preference, sir. Okay. I think what I would prefer is to hear it. We have the city at the last court appearance requested that the case go forward today, and I will have you just play it. So we will hear from you at the appropriate time, sir. Do you understand? Yes, ma'am. Okay,
great. Yes, ma'am. Thank you
kindly.
Thank you. I'm going to hear the city's appearance for the city of Santa Cruz.
Good afternoon, Your Honor. Sam Hume for the city, our
respondents. Good afternoon, sir, and you have 15 minutes? Yes. Okay. So I want to thank both sides for being here. Mr. Alexander, this would be the right time for you to play the first part of your argument.
Well, again, I'd like to apologize to the court for the technology issues and to Mr. Hume and the appellees. And if anybody would like this in writing, I'd be happy to submit it.
Understood and no problem, sir. Just go ahead. Thank you
If it may please the court I would like to begin by offering my sincere gratitude to the Chief Justice of and associate justices of the Sixth District Court of Appeal. Equally, I must acknowledge the court staff, the clerks, and Zoom coordinators for providing thoughtful accommodations. For my visual disabilities, your assistance exemplifies how federal disability rights should work. Your honors as officers of this court, you have sworn a solemn duty to support and defend the Constitution of the United States. I respectfully submit that this directly bears on the matter before us, particularly regarding Article 6 section to the Supremacy Clause.
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