As AFN has reported, Annette Hubbell is a San Diego native, a retiree who published a book about historical figures that she admired and ultimately turned it into a one-woman play that involves her dressing up in historical costume and reading from the diaries and letters of various historical figures.
In 2023, Hubbell made an agreement with San Deigo County to perform her play at one of the library branches. In March 2024, the Rancho Santa Fe branch specifically asked her to perform as Harriet Tubman, Mary McLeod Bethune, and Harriet Beecher Stowe.
Just weeks before the scheduled play, library officials told Hubbell they were not comfortable with her, a white woman, performing as any historical characters who were African American, including Harriet Tubman and Mary McLeod Bethune.
"They told her to change the characters, that she should could only perform white characters," reports Chris Barnewolt of Pacific Legal Foundation, the law firm that represented Hubbell. "Annette didn't think that was right."
When Hubbell asked a library supervisor about the musical "Hamilton," a famous and popular play in which actors of color perform as historical white Founding Fathers, she was told that is "historically different" in an unexplained way they expected her to understand.
The library ultimately canceled her performance – a decision endorsed by the county's "Diversity and Inclusion Executive Council," which is composed of representatives from county departments.
"Our priority is ensuring that our programs align with our values of equity, respect, and inclusivity," said a council spokesperson.
Now, under the terms of this settlement, Hubbell will perform her play at a county library branch, and the county will pay her $60,000 to resolve her claim.
The county also agreed to prohibit discrimination against any vendor or contractor based on race, ethnicity, color, or national origin in the future.
Barnewolt believes this case addresses the rights of every American to be treated equally and fairly by the government and should encourage people to seek out legal advice when the government says no to something.
"Just because a library official or some other agent of the state says something, that doesn't necessarily mean that that person is acting in accordance with the law," the attorney says. "The government overreaches and oversteps its bounds all the time."
Fortunately, there are several public interest law organizations ready to help people vindicate those rights in court.
"I'm so proud of Annette for standing up for that principle and getting San Diego County to recognize that here," says Barnewolt.
