Performer sues San Diego library after being barred from portraying black historical figures
May 05, 2025
San Diego County Library violated the Equal Protection Clause by denying opportunity based on race
San Diego; May 1, 2025: Pacific Legal Foundation filed a federal lawsuit today on behalf of Annette Hubbell, a San Diego-based performer whose one-woman historical show was canceled by the Rancho Santa Fe Library solely because she is white.
“San Diego County Library shut the door on Annette not because of what she performs, but because of what she looks like,” said Andrew Quinio, attorney for Pacific Legal Foundation. “That’s unconstitutional. The Equal Protection Clause forbids the government from denying Annette this opportunity because of her race.”
Annette launched Annette Hubbell Productions in 2007, channeling her love for American history into live performances of 8 historical figures ranging from Harriet Tubman, Mary McLeod Bethune, and Harriet Beecher Stowe. Her shows have been performed across the country for audiences of all backgrounds and ages.
In 2023, the Rancho Santa Fe Library — a San Diego County Library system branch — asked Annette to perform three historical characters of their choosing: Harriet Beecher Stowe, Harriet Tubman, and Mary McLeod Bethune. Months later, library officials asked Annette to replace Tubman and Bethune with white characters, explaining that they were “uncomfortable” with a white woman portraying black historical figures.
Annette declined the race-based request. The library responded by canceling the show entirely.
“History belongs to all of us. These are American stories — stories of courage, sacrifice, and resilience — they should be told, shared, and celebrated by everyone,” said Annette Hubbell. “It’s heartbreaking that the library chose to silence these stories because of my race. I’ve spent years bringing these characters to life with the care, respect, and honor they deserve. Using identity politics to ignore their legacy is unconscionable. To paraphrase Dr. King, I chose them for the content of their character, and that is what matters.”
Represented by Pacific Legal Foundation free of charge, Annette is fighting to restore equal opportunity for everyone to participate in the arts, regardless of race or other immutable characteristics.
The case is Annette Hubbell v. Acosta, filed in the U.S. District Court for the Southern District of California.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.