Alvarez Ex Rel. Alvarez v. Fountainhead, Inc.

ORDER GRANTING, IN PART, PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Pending before this Court is Plaintiffs’ Motion for a Preliminary Injunction, filed on April 7, 1999. On May 13, 1999, this matter was heard on the Court’s calendar, at which time oral argument was presented by the parties’ counsel and by Ryan E. Warren, trial attorney for the Civil Rights Division of the United States Department of Justice as amicus curiae in this case. After careful consideration of the written briefs, oral argument, and evidence submitted by the parties, and Good Cause Appearing, the Court grants, in part, Plaintiffs’ Motion for a Preliminary Injunction.

BACKGROUND

This action was filed by the parents of Jeremy Alvarez, a four-year old child with an asthma condition, on his behalf and on the basis of their own claims, against Fountainhead, Inc., the owner and operator of Fountainhead Montessori Schools, a private school program with branches in Orinda, Moraga, Danville, Pleasant Hill, and Dublin, California. Plaintiffs desired that Jeremy attend the Fountainhead Montessori preschool in Dublin. Jeremy’s name was placed on a waiting list at the Dublin school, and in November of 1998,…