How Many Lawsuits Are Necessary? : Voters balk at the predictable litigation on 187

Nearly 60% of Californians who went to the polls Tuesday voted to pass Proposition 187, denying most public services to undocumented residents. Judging by the citizen response in the days since, many who backed the measure are now outraged that tax-financed public agencies are being used to challenge it.

In the private sector, only hours after Proposition 187 passed, civil rights groups filed suit in federal district court to thwart its implementation pending a determination of its constitutionality. A hearing on the request is scheduled for next week; meanwhile, enforcement of the measure is held in abeyance. If successful, this privately financed suit could result in the invalidation of Proposition 187, in part or entirety. The other legal challenges, those involving taxpayer funds, focus on more specific concerns.

LAUSD ACTION: Much of the public’s anger is directed at the Los Angeles Unified School District, which has joined with Sacramento and San Francisco districts to challenge the provisions directing schools to expel children identified as undocumented residents. The California School Boards Assn., representing 650 of the 1,000 school districts in the state, is taking the lead in this suit. But individual districts, like Los Angeles, that will feel the brunt of this measure believe they should step forward individually. They seek specific guidance from the courts to clarify their unique obligations under state law, federal educational guidelines and past U.S. Supreme Court rulings.

The anger over the use of tax dollars for lawsuits is understandable. One caller to local officials said Thursday: “This is not right. We put this issue in. It’s the law and they are trying to fight it with my money.”

However, the legal challenges to 187 were both predictable and unavoidable. As Los Angeles County Supervisor Ed Edelman noted, “ . . . the voters have spoken, but they may have spoken in an unconstitutional way.” Serious and valid questions about the constitutionality, scope and clarity of Proposition 187 have dogged the measure since it qualified for the ballot, and these were among the reasons this newspaper vigorously opposed the initiative. These questions must be answered before schools move to expel students and hospitals turn away pregnant women and others in need of medical services. In addition, state and local agencies need far more detailed guidance than is found in the measure itself.

EIGHT, FOR STARTERS: That said, however, it’s questionable whether there need be so many lawsuits--there are at least eight so far. Public agencies would be wise to approach very cautiously the decision of whether to undertake separate lawsuits, pending the outcome of suits already filed. The Los Angeles County Board of Supervisors was right to do just that Thursday. The L.A. City Council, by contrast, directed the city attorney to try to clarify Proposition 187 by challenging its constitutionality. Public agencies would be well-advised to wait and shepherd increasingly scarce tax dollars instead of duplicating existing lawsuits.