Chula Vista Citizens for Jobs and Fair Competition, Lori Kneebone, Larry Breitfelder and Associated Builders and Contractors of San Diego Inc. v. Donna Norris, Mayor Cheryl Cox, Pamela Bensoussan, Steve Castaneda, John McCann and Rudy Ramirez
Published: Apr. 28, 2012 | Result Date: Mar. 22, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:2009-cv-00897 Summary Judgment – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Gary D. Leasure
(Office of the San Diego City Attorney)
Defendant
Edward P. Swan Jr.
(Jones Day)
Facts
Chula Vista Citizens for Jobs and Fair Competition and the Associated Builders & Contractors Inc. proposed a city ballot initiative. The corporations sued before any version of the initiative qualified for the ballot. The individual proponents recirculated the petition and obtained the necessary signatures. The voters adopted the initiative. The corporations continued with the lawsuit.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged a violation of the First Amendment because the act of proposing an initiative constitutes political speech.
Result
The court granted defendants' motion for summary judgment, finding that the initiative process does not include corporations' right to propose ballot measures.
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