Judge preliminarily rules against teachers union motion to dismiss CCSD lawsuit

LAS VEGAS, Nev. (FOX5) - In a preliminary ruling Tuesday, a judge denied the Clark County Education Association’s motion to dismiss the lawsuit brought by the Clark County School District against the union.

CCEA filed the anti-SLAPP motion, which claims that the lawsuit was filed in order to chill the expression of freedom of speech or freedom to petition, which the district denied at the hearing Tuesday.

“This case clearly is not meritless, it wasn’t meritless when it was filed by CCSD, and there’s no evidence that it was initiated primarily to chill their exercise of free speech rights,” said CCSD’s lawyer. “Your Honor is correct. The reason the lawsuit was brought in the first place was to prevent a strike from occurring.”

The union argued that the district’s original court complaint lacked sufficient evidence to meet the minimum threshold for merit.

“There is absolutely nothing in the original complaint having to do with sickouts in individual schools, absolutely nothing,” said CCEA’s lawyer.

Ultimately, the judge’s preliminary ruling was that CCSD’s complaint did include enough evidence of a threat to strike to meet minimum merit, even if the union’s actions were found to be protected under free speech.

“Even if I were to decide that that first prong was in favor of CCEA and that this was a good faith communication in furtherance of the right to petition or the right to free speech, I would still find that there was minimal merit to the lawsuit that was brought by CCSD in the first instance,” said Judge Jessica K. Peterson. “Not even looking at the fact that the injunction has now been issued.”

CCSD sent a statement following the ruling, stating: “It is the public policy of the State of Nevada that strikes against the State or any local government employer, like the Clark County School District, are illegal. To try and characterize the district’s complaint for an injunction as anything other than an attempt to stop the commencement or continuation of a strike is disingenuous. We believe the court made the correct ruling today against CCEA.”

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