United Stanford Emps. Local 680 v. Bd. of Trs. of Leland Stanford Junior Univ.

Opinion

DEVINE, J.* This is an appeal following dismissal upon the sustaining of a general demurrer without leave to amend in a class action challenging the imposition of parking fees by Stanford University.

On August 1, 1975, plaintiffs on behalf of themselves and “all staff and faculty employed by Stanford University who operate vehicles on Stanford University grounds and all people who regularly work and operate vehicles on Stanford University grounds” filed a complaint against, among others, the Board of Trustees of Stanford University and the Board of Supervisors of Santa Clara County, alleging in substance as follows:

On or about May 14, 1975, a parking policy, new in many respects, for Stanford University was adopted. It imposes charges on faculty, staff and students for parking in certain designated areas, although a registration [322]fee has been charged since 1956. These charges amount to an annual fee of $40 for staff, $48 for faculty members and $32 for off-campus students in areas convenient to the campus. The fees will bring in revenue projected to be 125 percent to 250 percent of the parking administration costs. Approximately 3,600 free parking spaces in areas remote from the center of campus are available but are insufficient to accommodate all vehicles normally on the campus on any one day. The parking plan was adopted under the authority of California Vehicle Code section 21113 which provides that no one may operate or park a vehicle on the grounds of certain institutions, including private colleges and universities, except with the permission of, and subject to the conditions and regulations imposed by the governing board or officers of the institution. A violation of Vehicle Code section 21113 may result in the issuance of a citation by the Sheriff of Santa Clara County.

Appellants’ major contentions and our dispositions of them follow, although not exactly in the manner or order selected by appellants:

Appellants’ Contention No. 1: That section 21113 delegates only the police power to regulate parking, traffic, etc., not the power to impose a charge which is in the nature of a tax and is enforced by the sheriff, the district attorney and the courts. It was conceded by counsel for appellants at oral argument that the university may charge a fee to park, but it was argued that failure to pay or breach of the conditions of rental cannot be enforced by public authority.