Wednesday, December 19, 2012

District Response to BCS anti-SLAPP motion

In the continuing saga of the 2012-13 complaint, BCS has filed an anti-SLAPP motion against LASD.  I have mentioned the SLAPP suit in letters to parents, but it worth highlighting here what the suit is and what they seek to do.

A SLAPP suit is a Strategic Lawsuit Against Public Participation.  This is generally when someone uses litigation as a tool to force someone to stop raising difficult issues.  The California Legislature has created an "anti-SLAPP statute"- basically, a law making it illegal to bring SLAPP suits, and giving people who are targeted by such suits a way to get the SLAPP suit thrown out.

A casual reader could be forgiven for thinking I was describing BCS as the aggressor.  In fact, that is how the law is intended to be used.  However, in this case, BCS has actually alleged that LASD is the aggressor, and that our counter-complaint is really just an attempt by the District to hurt them.  Nothing could be further from the truth. 

LASD has brought this counter-suit because many community members have raised issues with us, and we feel obliged to place those concerns before the court.  We do not do this lightly, but we feel that the issues are serious, and merit the review of the court.  We are asking the court for clarification of our obligations under Prop 39 if the allegations raised by members of the public are, in fact, true.

You can read about the BCS anti-SLAPP suit here, in an earlier blog post. (includes all documentation).

Today, the District filed our response to this frivolous suit.  In our response, we've highlighted a couple of key issues.  First, the anti-SLAPP statue specifically permits entities such as LASD to bring these kinds of issues forward on behalf of the public.  Second, there are considerable legal cases on record already that deal with this, that BCS has neglected to address.  We have asked the court to award fees and costs, as we believe the BCS anti-SLAPP suit to be completely without merit.

Again, we look forward to hearing from the court on this matter.

LASD Opposition to Special Motion to Strike

Decl. of Ray Cardozo
Decl. of Doug Smith
Decl. of Adam Forest (part 1 of 3)
Decl. of Adam Forest (part 2 of 3)
Decl. of Adam Forest (part 3 of 3)

Joint Stip. to Extended Pages
POS of Opposition to anti-SLAPP