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Office of the Chancellor / Public Affairs
Thursday, February 19, 2004
 

Sacramento Bee 2-19-04

Court won't hear license fee challenge
But foes of the governor's rollback can sue again, state justices say.
By Claire Cooper

 

SAN FRANCISCO - The California Supreme Court on Wednesday refused to hear a suit to reverse Gov. Arnold Schwarzenegger's rollback of vehicle license fees and his cuts in spending for university outreach and other programs.

But the justices said the groups that initiated the legal challenge - the University of California Students Association and two civil rights organizations - were free to try again in a Superior Court, where virtually all suits must begin.

The Supreme Court's vote was 6 to 1 with only Justice Joyce Kennard dissenting. Following custom, no explanation was given.

Both sides were still predicting victory in the long run.

The basis of the suit is a contention that state laws were violated by the $2.6 billion license fee rollback - because the state general fund had insufficient money to offset the loss - and by the $149 million in cuts to educational and other programs - because Schwarzenegger didn't obtain legislative approval for them.

But the impetus for the litigation was two particular cuts - the defunding of outreach programs at both UC and California State University. The programs were created after passage of a 1996 initiative barring affirmative action in public school admissions. The plaintiffs argued that outreach is essential if the universities are to keep their doors open to students from poor and minority communities.

The state attorney general's office filed an informal reply on behalf of Schwarzenegger, Controller Steve Westly and other defendants, saying Westly had determined that none of Schwarzenegger's order on the $149 million in cuts would be implemented.

On Wednesday, however, H.D. Palmer, a spokesman for the Department of Finance, said the cuts still were scheduled. And Nathan Barankin, spokesman for Attorney General Bill Lockyer, said the statement made to the court meant only that the cuts wouldn't be made "pursuant to the governor's executive order."

"If the Legislature approves it, that's a different story," Barankin said.

The Assembly Budget Committee took the first step on Tuesday by voting to authorize what Schwarzenegger ordered.

On the other side of the case, attorney Warrington Parker said the plaintiffs would assess their options and might refile in Oakland, San Francisco or Los Angeles, where a similar case already is pending in Superior Court.