Lehane

Lehane v. City & County of San Francisco

Good Law
106 Cal. Rptr. 918·1972 Cal. App. LEXIS 669·30 Cal. App. 3d 1051
Court of Appeal of CaliforniaAugust 24, 1972Civ. No. 29344California1,965 words

Opinion

Lead Opinion

Brown, J.

This is an appeal from a judgment sustaining a demurrer without leave to amend in an action in which the plaintiffs (a police officer, the Peace Officers Research Association of California, and the San Francisco Police Officers Association) sought an injunction to restrain the City and County of San Francisco from paying dues to the League of California Cities (hereafter League).

The pertinent allegations of the complaint to which the demurrer was sustained may be summarized as follows: The City and County of San Francisco (hereafter San Francisco) is a member of the League, an organization supported by the dues of its member cities. San Francisco- pays $14,500 in dues annually. One of the activities of the League is lobbying before the state Legislature. The League has opposed a number of bills which are actively supported by plaintiffs. The payment of the annual dues by San Francisco and the use of the dues by the League for lobbying purposes violates plaintiffs’ rights to equal protection, of the law, abridges their right to petition the Legislature, and denies their right to freedom of speech and association. In an amended complaint and in the briefs, it is also…

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