Judge Joel R. Wohlfeil Upholds Temporary Ruling - Keeps SDSU West on Course for November
Friday morning, Judge Joel R. Wohlfeil released his final ruling on Case No. 37-2018-00019172-CU-MC-CTL, echoing the tentative ruling announced on Monday June 11th.
"The Court, having taken the above-entitled matter under submission on 6/8/18 and having fully considered the arguments of all parties, both written and oral, as well as the evidence presented, now rules as follows:
After entertaining the arguments of counsel and taking the matter under submission, the Court confirms the ruling denying the Motion (ROA # 10, 29) of Petitioners and Plaintiffs Carrie R. Taylor and David F. Dunbar ("Plaintiffs") for issuance of a writ of mandate prohibiting Respondents and Defendants Elizabeth Maland, City of San Diego City Clerk, Michael Vu, San Diego County Registrar of Voters and City Council of the City of San Diego ("Defendants") from taking any action to place the SDSU West Campus Research Center, Stadium and River Park Initiative ("Initiative") on the November 6, 2018 ballot."
The full memo can be read below:
Background
In April, two citizens filed a lawsuit against the City of San Diego City Clerk, the San Diego County Registrar of Voters and and City Council of the City of San Diego in order to try and prevent these collective bodies from green-lighting the SDSU West Initiative for the November general election.
The premise of their suit revolved around the violation of California Ed Code 89005.5 that prohibits the use of the SDSU name for political activities.
“No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways:
- To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise.
- To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose.”
The plaintiffs in this suit felt that both the name of the initiative, and the name of the sponsors of said initiative (the Friends of SDSU), violated California Ed Code 89005.5 and despite ample examples of these alleged violations, Judge Joel R. Wohlfeil opted to stand by and allow the SDSU West initiative to move forward.
What Happens Next?
No comments from the plaintiffs were available at the time of writing, but this ruling has to be seen as a setback for the SoccerCity San Diego movement. It is possible that an appeal will be filed to have another pass at overturning Wohlfeil's ruling.
As of now, voters will have two options to choose between regarding the future of the Mission Valley site.
