In an unprecedented case, Haight represented a school administrator who obtained a permanent restraining order against a seated elected official. A school board member made arguably threatening comments to a Superintendent during a board meeting executive or “closed” session. The Superintendent sought an order requiring the elected official to not only stay away from her and her family, but also excluding the member from Board meeting attendance. The Board member alleged a SLAPP violation as well as closed session privilege and First Amendment protections. After a full evidentiary hearing, including testimony from and cross-examination of multiple elected officials, the court took the uncommon step of granting a permanent “stay away” order, and requiring remote attendance at board meetings for the remainder of the elected official’s term. It is unheard-of for a court to grant a permanent injunction for statements made in an executive session. The matter received considerable press attention and the board member was defeated in the following election.
December 7, 2018