Riverside Superior Court rejects school board’s attempt to get the case tossed

RIVERSIDE, CA, February 16, 2024 – In a ruling today, Judge Eric A. Keen indicated that he will allow the case of Mae M. v. Komrosky to go forward. In the case, the first of its kind, a coalition of students, teachers, and parents are suing the Board of Trustees of the Temecula Valley School District over two discriminatory policies. One prevents teachers from discussing discrimination on the basis of race, gender, and sex under the guise of banning “critical race theory.” The other requires teachers to out transgender and gender nonconforming students to their parents, regardless of potential harms to the students.

The ruling confirms that the student and teacher plaintiffs have made viable challenges to both policies under California law, such that the case can go forward. The plaintiffs’ legal team, Public Counsel and Ballard Spahr, with support from the California Teachers Association, argue that California’s Constitution and statutes guarantee Temecula students access to a fact-based education free from discrimination. The ruling rejects the board’s attempt to throw out the case.

The next step in the case is a hearing on the plaintiffs’ motion for a preliminary injunction, which would prevent the board from enforcing the challenged policies while the case proceeds. The motion is supported by California Attorney General Rob Bonta, the ACLU Foundations of Northern and Southern California and other civil rights groups, and Penguin Random House, PEN America, and other advocates for the freedom to read and write. The next hearing is set for Feb. 23.

“We appreciate Judge Keen’s thoughtful analysis in his tentative ruling,” said Amanda Mangaser Savage, an attorney for the plaintiffs. “We hope between now and the hearing on the preliminary injunction, the board will rescind its unlawful policies and redirect its attention to what matters most: the provision of an education free from censorship to Temecula students.”

View Judge Eric A. Keen’s tentative ruling on pages 4-20 here.

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About Public Counsel:

Public Counsel is a nonprofit public interest law firm dedicated to advancing civil rights and racial and economic justice, as well as to amplifying the power of our clients through comprehensive legal advocacy. Founded on and strengthened by a pro bono legal service model, our staff and volunteers seek justice through direct legal services, promote healthy and resilient communities through education and outreach, and support community-led efforts to transform unjust systems through litigation and policy advocacy in and beyond Los Angeles. For more information, visit www.publiccounsel.org. 

About Ballard Spahr LLP:

Ballard Spahr LLP was founded in 1885. It focuses on litigation, securities and regulatory enforcement, business and finance, intellectual property, public finance, and real estate matters. The firm currently employs more than 600 attorneys in 15 offices throughout the United States, and includes a nationally recognized media and entertainment law practice group specializing in First Amendment litigation. For more information, visit www.ballardspahr.com.

About the California Teachers Association:

The unified voice of educators in California’s public schools and colleges, CTA is a powerful and passionate advocate for students and public education. Its 310,000 members support and nurture all students in classrooms every day, preparing them to be the leaders of tomorrow.  And, as the largest affiliate in the 3-million member National Education Association, its voice is heard in the halls of our Capitol in Washington, D.C. Together and throughout our history, CTA has worked to improve the conditions of teaching and learning in California. Its members include teachers, counselors, psychologists, librarians, Education Support Professionals and other non-supervisory certificated personnel in our public schools and colleges.