Scott

This action arises out of a state and federal constitutional challenge brought by parents Sylvia Scott, René Amy, George Gordon MacPherson, Silvia Jimenez Mac-Pherson, and Romeo Ava (collectively “Scott”), 1 serving as guardians ad litem on behalf of eight minor student plaintiffs 2 enrolled in the Pasadena Unified School District (“PUSD,” or the “District”), against the District’s 1999-2000 admissions policy governing three voluntary schools. The challenged policy permits race and gender, in addition to other factors, to be taken into account under special circumstances during an admissions lottery. Defendants to the action comprise PUSD, individual members of the PUSD’s Board of Education (the “Board”), 3 and PUSD Superintendent, Vera Vignes.

Plaintiff-appellees allege that PUSD’s use of race as an admissions factor violated *649 both the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I, § 31 of the California Constitution. In addition, plaintiffs allege that they are entitled to damages under California Civil Code § 52 (the “Unruh Act”). PUSD now appeals the district court’s order granting summary judgment in favor of…