LAS VEGAS (KTNV) — A Clark County District Court judge has denied a motion from the teacher's union to dismiss the school district's lawsuit aimed at stopping an illegal teacher strike.
On Aug. 21, Clark County School District sued the teacher's union after a vote on potential "work stoppages" was announced. In response, the Clark County Education Association filed an anti-SLAPP lawsuit against the district, claiming that the district was violating their freedom of speech.
The primary debate in Tuesday's hearing centered around whether the union's comments about "work stoppages" fell under protected speech, especially in the wake of last week's injunction.
During a previous hearing, Judge Peterson denied the school district's injunction due to "lack of information," though noted that if a strike were to occur, she would revisit the case.
Judge Jessica Peterson handed down another denial on Tuesday — this time, to the teacher's union — after determining there was "minimal merit" to any claims of First Amendment violations.
This ruling came after an injunction was ordered against the Clark County Education Association last week after a judge found that the recent wave of "mass sickouts" affecting valley schools was "clearly a strike." Multiple valley schools were forced to cancel or combine classes this month after district officials reported "unexpected numbers of teacher absences. In her ruling, Judge Crystal Eller pointed out how the absences seemed to impact "every corner of the valley" and that it was "preposterous" to assume that the "sickouts" were a result of illness.
CCSD and CCEA issued the following statements following Peterson's decision.
"It is the public policy of the State of Nevada that strikes against the State or any local government employer, like the Clark County School District, are illegal. To try and characterize the District's complaint for an injunction as anything other than an attempt to stop the commencement or continuation of a strike is disingenuous. We believe the court made the correct ruling today against CCEA."
"CCEA disagrees with the court's decision today regarding our Anti-SLAPP motion. We will continue to defend our members' first amendment rights and will be appealing this decision to the Nevada Supreme Court."
HOW DID WE GET HERE? A recap of the ongoing contract negotiations between the teachers' union and CCSD
The hearing is set to begin at 10 a.m. in Clark County District Court, where Judge Jessica Peterson will revisit the case.
