Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara County Assn. of Governments

Respondent Santa Barbara County Association of Governments (SBCAG) formulated a plan outlining the county’s transportation needs, and proposed a ballot measure that would impose a one-half percent sales tax to pay for the projects set forth in its plan. Appellant Santa Barbara County Coalition Against Automobile Subsidies filed a complaint for injunctive and declaratory relief alleging that SBCAG unlawfully advocated and spent public funds for passage of the ballot measure.

SBCAG filed a special motion to strike under Code of Civil Procedure section 425.16, asserting that appellant’s complaint constituted “strategic lawsuit against public participation,” commonly referred to as a SLAPP suit. Appellant appeals the trial court’s order granting the motion. Appellant contends that SBCAG is not protected by the anti-SLAPP statute because SBCAG does not have a constitutional right of free speech to engage in partisan electoral advocacy, and does not have a constitutional or statutory right to expend public funds for the purpose of influencing the outcome of an election. We affirm.

FACTS AND PROCEDURAL HISTORY

Appellant, a nonprofit corporation incorporated on February 19,…