An Orange County Superior Court judge’s ruling siding with Huntington Beach in its lawsuit challenging the state’s so-called sanctuary state law was overturned Friday by a panel of appellate court justices, according to an account published by City News Service.
Though Huntington Beach officials argued the city did not have to abide by the state’s California Values Act because it is a charter city and the constitution gives charter cities more authority to impose laws, which supersede state laws, the three-justice panel of the state’s 4th District Court of Appeal disagreed.
The city of Los Alamitos is among the cities to declare that because it is a charter city, SB 54, otherwise known as the California Values Act, does not apply to them.
However, the appeals court rule that the state’s law was constitutional “as applied to charter cities because it addresses matters of statewide concern — including public safety and health, effective policing and protection of constitutional rights,” Associate Justice Richard F. Fybel wrote, with Justices Raymond J. Ikola and Thomas Goethals concurring.
The appellate panel also found that the American Civil Liberties Union, Los Alamitos Community United and four residents lacked legal standing to intervene in the case.
Fybel concluded that the state law “is reasonably related to resolution of those statewide concerns, and is narrowly tailored to avoid unnecessary interference in local government.”
Huntington Beach attorney Michael Gates told that he will recommend the City Council appeal to the state Supreme Court.
“I’m very disappointed in the ruling and will talk to the city council about the next steps, but I don’t believe, based on all of my extensive research of all of the case law, that this is a reasonable, final word on this,” Gates said in the published accounts.
The appellate justices’ opinion “not only makes the state’s case, they go beyond it and add additional analysis,” he added.
Gates said he believes the issue is destined to be settled by the state Supreme Court.
According to the published reports, the ACLU contended the “decision is a resounding victory for sanctuary in California. The appellate court decision affirms that all Californians — including the millions living in charter cities — are entitled to the California Value Act’s protections. We are especially thankful to the many Orange County residents and community organizations who stood up to defend sanctuary in their communities.”
The appellate panel cited cases going back to the 19th century in its recapping of the history of rulings regarding the authority of charter cities under state laws.
The city argued the state cannot apply its laws for charter cities when it pertains to strictly local issues such as the operation of a police force. But the justices noted that the state’s laws supersede charter city laws when an issue of “statewide concern” arises.
