de Haan Law Firm, PLLC * 100 N Stone Tucson 512 * AZ 85701 * (520) 358-4089 By Email and U.S. mail February 9, 2017 Kelly Boyd Deputy Secretary of State State of Arkansas Re: Public Hearing for Baphomet Monument Proposal Dear Mr. Boyd, This is @ formal request to the Capitol Grounds Commission to schedule a Public Comments Hearing for The Satanic Temple’s proposed Baphomet monument to be placed on the Arkansas State Capitol Grounds. It is our understanding that the passage of House Bill 1273 is a blatant attempt to hinder this hearing for the purpose of discriminating against a minority religion. Senator Rapert, the proponent of the measure, has repeatedly made it very clear publicly that obstructing The Satanic Temple is his main objective: Tam proud of the Capitol Grounds Commission for selecting a site for the Arkansas Ten Commandments Monument soon to be installed on the grounds of the Arkansas State Capitol. [also want to assure Arkansas citizens that there will never he a statue installed by the Satanic Temple on ‘our Capitol grounds. (emphasis added) ... the so called Satanic Temple has no legislation authorizing their submission and I doubt that a bill would ever pass to do so. https:/twitter.com/jasonrapert/status/786399003483045 To be clear, House Bill 1273, even if made effective immediately, cannot be applied ex post facto The Satanic Temple's monument request, which is already in process. The procedural revision proposed by House Bill 1273 can only be legally applied to any and all monument requests submitted afier its passage. The Satanic Temple, having expended significant costs including, but not limited to, travel. lodging, and architectural designs, in pursuance of following preexisting protocols for privatemonument donations to the Arkansas State Capitol Grounds, reasonably expect that Arkansas will grant their monument request the public hearing it is due. In January, 2017, a subcommittee of the state Capitol Arts and Grounds Commis cleared the proposal by The Satanic Temple to build the statue. Retroactive application of proposed Bill 1273 would give rise to numerous legal claims against the State of Arkansas at the expense of the taxpayers. n “The clearest command of the Establishment Clause” of the U.S. Constitution's First ‘Amendment is “that one religious denomination cannot be officially preferred over another.” Larson v. Valente, 456 U8. 228, 244 (1982): accord McCreary Cnty., Ky. v. ACLU of Ky, 545 U.S. 844, 875 (2005) (“the government may not favor one religion over another"). It appears that the proposed measure’s intention is for the Arkansas State Legislature to dictate which religions will be represented at the Capitol and which will not. This is in direct violation of the Establishment Clause. The building of a Christian Ten Commandments monument while precluding the Baphomet statue violates the Equal Protection Clause in that The Satanic Temple, a religious protected class, will be subjected to different treatment than another religious organization with ‘no compelling state interest for the disparate treatment. Furthermore, the potential prevention of the legally approved monument violates Arkansas’s Act 975 adoption of the Federal Religious Freedom Restoration Act by substantially burdening the free exercise of religion. If the proposed legislation passes and is applied to the pending approval of the Baphomet ‘monument, The Satanic Temple will seek injunctive and declaratory relief for a non- discriminatory policy. Additional compensatory damages for the expenses incurred through this process would also be appropriate. Nominative and Punitive damages against those who have intentionally abused their government position to these ends would be considered. Finally, attomey’s fees and costs associated with this lawsuit will also be sought. Refusal of the legally entitled hearing we have described would be a violation of Due Process under the 14"" Amendment of the United States Constitution and subject your State to the risk of time-consuming and expensive litigation. Please respond to this letter within thirty days to advise us when we should expect a hearing date to be set in the future. You may contact Stu de Haan at (520) 358-4089 or stu.dehaan@gmail.com. wean Stuart de Haan, Esq de Haan Law Firm, PLLC The Satanic Temple