Facts

T. Venjnovic and C.L. Corona sued Attorney General Kamala Harris and Governor Edmund G. Brown Jr., in connection with California Vehicle Code Section 23152(b).

PLAINTIFFS' CONTENTIONS:
Plaintiff C.L. had a pending criminal case. Plaintiffs sought a declaration that the California Supreme Court case in "People v. Vangelder" discriminates against women, ethnic minorities, Americans over age 40, and disabled Americans by making these groups "far more likely to be charged and/or convicted" of California Vehicle Code Section 23152(b). Plaintiff contended that the section made it illegal for anyone to operate a motor vehicle while under the influence of alcohol or drugs. Moreover, the per se statute did not allow introduction of "physiological factors" affecting the Alcohol Breath Test for alcohol concentration. Plaintiffs argued that the test discriminated against women, minorities, and disabled persons, especially those with cystic fibrosis, lung cancer, emphysema, and others. Consequently, plaintiffs argued that the disparity in treatment was unconstitutional.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint on immunity grounds. Defendants also argued that the court should abstain from deciding the matter pursuant to the "Younger abstention doctrine," and that plaintiffs lacked standing.

Result

The court granted the Governor's motion to dismiss on immunity grounds. It also agreed with their abstention claim, and dismissed the matter without prejudice.