A Federal Civil Rights Lawsuit Challenging the Constitutionality of the California Talent Agencies Act


Why is the CA Talent Agencies Act unconstitutional?

With the support of the Music Managers Forum - US and the Talent Managers Association, the National Conference of Personal Managers (NCOPM) has petitioned the U.S. Court of Appeals for the Ninth Circuit to declare the California Talent Agencies Act (TAA) unconstitutional and enjoin the California Labor Commissioner from continued enforcement of the TAA.

NCOPM claims that defendants CA Governor Edmund G. Brown Jr., CA Attorney General Kamala D. Harris and CA Labor Commissioner Julie A. Su, in their official capacities, have under color of law deprived NCOPM members and personal managers nationwide of their civil rights as guaranteed under the U. S. Constitution.

In Nat'l Conf. of Personal Mgrs v. Edmund Brown, Jr., et al (Case No. 13-55545), NCOPM claims:
  • The TAA is unconstitutionally vague in violation of the Equal Protection and Due Process clauses of the 14th Amendment of the U. S. Constitution.

  • The TAA burdens and interferes with interstate commerce in violation of the Commerce Clause of the U. S. Constitution.

  • The TAA burdens and restricts commercial speech in violation of the First Amendment of the U. S. Constitution.

  • The TAA impairs the obligations of contracts in violation of the Contracts Clause of the U. S. Constitution.

  • The CA Labor Commissioner's enforcement history of voiding personal management contracts and ordering disgorgement of managers' compensation without findings of fraud or non-performance violates the prohibition against involuntary servitude in the 13th Amendment of the U.S. Constitution.

To download briefs filed with the Court in this case, click on the links to the left.

Attorney fees and legal costs for this lawsuit are paid by the NCOPM - Stop TAA Legal Fund, which is funded solely by voluntary contributions from personal managers and other industry professionals nationwide.

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