Judge denies Clark County teachers’ motion to dismiss CCSD lawsuit

LAS VEGAS, Nev. (FOX5) – A Clark County District Court judge has denied a motion by the teachers’ union to dismiss a lawsuit filed by the Clark County School District.

CCSD filed the suit on July 31 in order to prevent Clark County Education Association members from striking as the two sides work on reaching a new contract agreement. On August 21, CCEA filed an Anti-SLAPP special motion to dismiss the lawsuit.

In turn, CCSD asked the court for a temporary restraining order and a preliminary injunction against the union. That motion was denied on August 25. Subsequent filings renewed the motion to dismiss as well as the requests for temporary measures.

The court handed down a preliminary ruling against CCEA on September 13, with Judge Jessica K. Peterson noting that CCSD’s complaint did include enough evidence of a threat to strike to meet minimum merit, even if the union’s actions were found to be protected under free speech.

“Even if I were to decide that that first prong was in favor of CCEA and that this was a good faith communication in furtherance of the right to petition or the right to free speech, I would still find that there was minimal merit to the lawsuit that was brought by CCSD in the first instance,” said Judge Peterson. “Not even looking at the fact that the injunction has now been issued.”

The teachers’ union filed a special motion to dismiss on September 18. On November 7, Judge Peterson also denied that motion. CCEA then filed a notice of appeal three days later.

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