Illustration of a diverse group of people dressed in blue

Disability-Based Discrimination — Claims Under Unruh Act

Brennon B. v. West Contra Costa Unified School District – California Supreme Court (Case No. S266254)
MEMBER(S) INVOLVED: West Contra Costa Unified School District
IMPORTANCE OF STATEWIDE ISSUE:
Application of the Unruh Act to school districts and county offices of education could open up local educational agencies (“LEAs”) to increased liability and the potential recovery of excessive treble damages and attorney’s fees against the LEA, thereby creating greater financial risk for already underfunded public schools.
SUMMARY OF THE CASE:

Plaintiff student Brennon B. sued his school district for disability-based discrimination, including a claim under the Unruh Act. The Unruh Act prohibits discrimination based on a number of characteristics, including disability, and applies to all “business establishments” in California.

West Contra Costa Unified School District prevailed on demurrer (a pleading in a lawsuit challenging the legal sufficiency of a cause of action) with the trial court dismissing the lawsuit and holding that the Unruh Act does not apply to public school districts as they are not “business establishments” subject to the Act.

The plaintiff appealed the trial court’s order. The ELA filed an amicus brief with the court of appeal in support of the district, noting that the superior court correctly held that the Unruh Act does not apply to school districts.

On November 13, 2020, the appellate court upheld the lower court’s dismissal, finding that public school districts are not “business establishments” under the Unruh Act, and that districts are already subject to an array of antidiscrimination laws.

Plaintiff Brennon B. appealed again to the California Supreme Court.

CURRENT STATUS AND/OR OUTCOME:

On September 15, 2021, the ELA filed an amicus brief in support of the school district before the Supreme Court arguing that the superior court and appellate court both correctly held that the Unruh Act does not apply to school districts and county offices of education. The California Association of Joint Powers Authorities (“CAJPA”) joined in the ELA’s brief in support of the district and CAJPA’s members. The case is fully briefed.

Back to Report