Choice-In-Education League v. Los Angeles Unified School District

Defendants Los Angeles Unified School District (LAUSD) and seven individual members of the Los Angeles City Board of Education (the Board) appeal from a preliminary injunction enjoining them from using tiie work time of public employees and “public funds or other public resources to adopt, prepare, print, distribute, or disseminate a promotion or advocacy position in relation to the Parental-Choice-in-Education ballot Initiative.”

The appellate issue is whether the trial court abused its discretion in issuing the preliminary injunction which plaintiffs sought after the individual defendant Board members, at a March 2, 1992, public meeting of the Board, adopted a resolution going on record opposing the Parental-Choice-in-Education ballot initiative, which public meeting was televised in its entirety on March 2 and 8, 1992, on Channel 58, KLCS-TV, a television station allegedly funded and operated by LAUSD.

Factual and Procedural Background

On April 16, 1992, plaintiffs filed “complaint for taxpayers’ injunctive relief (CCP § 526a), damages, declaratory relief, and to enjoin violations of constitutional rights,” and an application for temporary restraining order and…