Gay-Straight Alliance Network v. Visalia Unified School District

MEMORANDUM OPINION AND ORDER RE: DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; INDEFINITE STATEMENT; MOTION TO STRIKE; PARTIAL SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION OF ISSUES

I. INTRODUCTION

Defendants’ move to dismiss Plaintiffs First Amended complaint for failure to state a claim, indefinite statement, to strike portions of the complaint and for summary adjudication of issues. See Doc. 10. Jurisdiction is invoked under 28 U.S.C. §§ 1331 and 1343. See Doc. 8, ¶ 19. Supplemental jurisdiction is invoked under 28 U.S.C. § 1367 (a). See id. Oral argument was held March 19.2001.

II. BACKGROUND

A. Gay-Straight Alliance Network

1. Purpose and Membership

Plaintiff, GAY-STRAIGHT ALLIANCE NETWORK (“GSA Network”), is a youth-led, non-profit organization made up of gay, lesbian, bisexual, transgender and heterosexual students, as well as supportive adults, who are dedicated to eliminating homophobia and intolerance in schools. See Doc. 8, ¶ 7. The GSA Network is headquartered in San Francisco and has an office in Fresno, California. See id. GSA Network’s Fresno office monitors homophobia and intolerance in Central Valley schools, including schools within the…