[California Teacher Association v. Gary Davis
(00 Daily Journal D.A.R. 167)]

The California Teachers Association (CTA) filed suit in federal court challenging that part of Proposition 227 which holds teachers and administrators personally liable for attorneys’ fees and actual damages if they "willfully and repeatedly" refuse to provided students with an "English language educational option."

The United States District Court rejected CTA’s various agreements including the contentions that the provision: (1) violates the Eleventh Amendment prohibition of suits against the state brought by its citizens; (2) violates the First Amendment guarantee of free speech; (3) is so vague as to be unenforceable; and (4) denies due process of law.

The opinion states:

"The Court concludes the Plaintiffs have not shown that the private enforcement provision of Proposition 227 is facially unconstitutional."