Orange County Superior Court Judge Michael Brenner today set June 4, 2007 as the opening day of the anticipated trial against the Capistrano Unified School District for claims of multiple violations of the state’s open meeting law, the Brown Act.
Under the tenure of former Superintendent James Fleming, the scandal-ridden Capistrano school district has seen a number of legal problems that have led to the resignation of Fleming, including a District Attorney investigation, an ABC 20/20 investigative story on district finances, a lawsuit involving use of racial preferences in school decisions, and the open meeting lawsuit.
Plaintiff Ron Lackey of Dana Point brought the Brown Act lawsuit to address claims that the district Trustees illegally met with Fleming in closed session on June 30, 2005 and conspired to limit Lackey’s right to participate in public session meetings, which are guaranteed under the Brown Act. Lackey’s lawsuit seeks declaratory and injunctive relief against the district to enforce the provisions of the open meeting law and restrain the district from future violations. Former district press spokesman David Smollar has already provided a deposition in the case, which supports most of Lackey’s claims.
The defendant school district is represented by the Orange county based law firm of Rutan and Tucker. Plaintiff Ron Lackey is represented by your author.