American Civil Liberties Union v. Board of Education

[225]

PETERS, J.

On January 24, 1961, in a prior proceeding apparently between the same parties,

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we directed respondent by means of a peremptory writ of mandate “to act upon any pending or future application by petitioners to be allowed to hold a public meeting or meetings in any of the [respondent’s] school buildings . . . without requiring from petitioners a ‘Statement of Information’ in the form prescribed by section 16565 of the Education Code.” (Amer

ican Civil Liberties Union

v.

Board of Education,

55 Cal.2d 906 [10 Cal.Rptr. 659, 359 P.2d 57].) The writ there issued, was based on our holding that the mentioned statute was unconstitutional for the reasons set forth in our decision, filed the same day, in the companion case of

American Civil Liberties Union

v.

Board of Education,

55 Cal.2d 167 [10 Cal.Rptr. 647, 359 P.2d 45],

Subsequent to the receipt of our mandate, respondent adopted, on December 19, 1961, what it termed “a revised procedure relating to application for use of school facilities.” Thereupon petitioners filed with respondent an application for the use of the Hoover High School Auditorium to hold a series of meetings on the subject: “The Constitution and Civil Liberties.” Respondent refused to act favorably upon such application solely because petitioners refused to submit the executed questionnaire required as a part of the “revised procedure.” Thereupon petitioners brought this proceeding, again seeking mandate to compel respondent to grant their application.

There is no doubt that respondent was directed and empowered by various provisions of the Education Code referred to in the Los Angeles ease this day filed

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to adopt local rules under which school property was to be made available to the public, and under which the proper interests of the school