PLF’s Mark Miller at January Lunch

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This month’s speaker was Mark Miller, Senior Attorney of Pacific Legal Foundation, one of the most active and effective public interest legal organizations in the US. Founded during the Reagan years, PLF has tallied up an impressive set of victories in high profile cases, including 11 wins at the Supreme Court. A 501(c)3 organization, PLF is supported by grants and donations and does all its work pro-bono.

Mark specializes in environmental law, land use and first amendment cases, and he described for us many of his projects that have been covered by the national media.

In his recent Supreme court case, Weyerhaeuser vs. US Fish and Wildlife, Mark successfully argued that restricting land use in Louisiana as habitat for the “Mississippi Dusky Gopher Frog”, an amphibian that has not been found there in decades, was a mis-application of the Endangered Species Act. In an 8-0 decision (Cavenaugh had not yet been confirmed), SCOTUS overturned both the district court and the 5th circuit who had maintained that Fish & Wildlife had ‘agency discretion’ to so designate.

Another case Mark explained was Knick v. Township of Scott, in which a Pennsylvania property owner challenged a recent town ordinance that required public access to her property which was alleged after an intrusive search, to contain graves. With an argument that this was in violation of the 4th (unrestrained search) and 5th (unlawful taking) amendments, PLF argued at the Supreme Court recently that the case should not have to exhaust all remedies at the state level prior to argument in federal court. This case, argued this month, is pending.

Another high profile PLF Supreme Court case was Minnesota Voters Alliance v. Mansky, in which voters who wore clothing containing political sentiments were denied access to the polling places. A tea party “Don’t tread on me” slogan was at issue. The Court issued its ruling on June 14, 2018, stating in a 7–2 decision that Minnesota’s law did violate the First Amendment, ruling it unconstitutional.

Mark has also been involved in state and local cases. In 2014 he represented the owner of the Crafted Keg brew pub in Stuart, who wanted to sell beer in industry standard “growlers” (64 ounce containers) in violation of a Florida law which protects large beer makers from upstart craft brewers. This one received national attention. “Why should his success be limited by a state law that’s irrational?”, Mark argued. After suing the state, this one was resolved in the Legislature where the 64 oz. growler was legalized.

He also volunteered to represent JP Krause, a Vero Beach High School student whose election to student body President was dis-allowed by the school over a “build a wall’ joke he made during the campaign. He was re-instated after the story was picked up by Fox & Friends and Whoopi Goldberg supported the student’s position on “The View”.

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After the meeting, in preparation of a full page ad in the Lincoln Day Dinner booklet, the club leaders were photographed with our new club banner: