Metropolitan News v. LA Met. Transp. Auth. CA2/7

INTRODUCTION

Metropolitan News Company (Met News) filed a complaint challenging the constitutionality of a registration fee that the Los Angeles County Metropolitan Transportation Authority (MTA) imposes on individuals or entities who employ lobbyists for the purpose of influencing MTA action. The complaint asserted three claims alleging that the fee violated Met News’s constitutional rights to free speech and to petition the government for redress of grievances. MTA removed the matter to federal court and filed a motion to dismiss the action pursuant to Federal Rule of Civil Procedure 12, subdivision (6). The district court dismissed two of the claims and elected not to exercise supplemental jurisdiction over the remaining claim, which alleged violation of Business & Professions Code section 17200. After the case was remanded to state court, Met News filed a motion to file an amended complaint that added several new state law claims asserting MTA’s fee violated several constitutional rights, including freedom of speech, the right to petition, equal protection and due process. The trial court ruled that, as a result of the federal action, Met News was barred under claim…