AS settles lawsuit

SF State Associated Students, Inc. agreed in a settlement earlier this month to pay $5,000 in attorney fees for AS president Kenyan McCarthy and nine Student Struggle slate members who sued AS and the university after being prevented from taking office when elected last spring, according to Struggle attorney Fred Blum.

Blum said the settlement also maintains a preliminary injunction filed by the San Francisco Superior Court in May that allowed Struggle members to take office until the end of their terms.

Originally, Struggle's legal fees were $27,000, but were reduced in the settlement to $5,000, said Blum. AS also paid for its legal defense out of student fees, but would not specify the amount, according to McCarthy.

"The legal fees were spent under the administration of Christina Lopez -- I presume that they felt it was necessary for their defense," McCarthy said.

According to court records, Struggle members sued after AS legislators removed them from office for alleged campaign violations. The AS Election Committee, which was supported by the opposing slate, United Student Movement, recommended Struggle's disqualification. USM had controlled AS for approximately 10 years.

"There's nothing wrong theoretically with having an election committee," Blum said, "but most are neutral bodies. The one at the university was an extension of a group that wanted to stay in office."

The Election Committee charged Struggle members with violating the Election Code by holding an unauthorized forum off campus, at which they passed out campaign advertising and discussed election issues.

Struggle members sued on the basis that the Election Code was unconstitutional. Nevertheless, the settlement doesn't require the codes to be amended, Blum said.

However, McCarthy said he plans to make a recommendation to the Legislature to amend election codes that may be unconstitutional.

"The Legislature has a committee on elections, and it is also submitting a recommendation that the codes be amended," he said.

According to Deputy Attorney General Brenda Reyes, her clients, SF State and President Robert A. Corrigan, were dismissed from the suit as a result of the settlement.

Robert Fulton, attorney in litigation for AS, said the settlement was positive for both parties.

"The students needed to have a government in place," he said. "My understanding is that they are going to take a look at the Election Code to see if it's compatible, to avoid this type of litigation in the future."

[ Golden Gater Online October 31, 1995 ]

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