Use Of Mail Boxes For Distribution Of Political Literature

San Leandro Teachers Association v. Governing Board of the San Leandro Unified School District  (2007) ______ Cal.App.4th _______; (07 C.D.O.S. 10264, filed Aug. 28, 2007)

The Educational Employment Relations Act provides, in Government Code section 4543.1 subd.(b), “Employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use institutional bulletin boards, mail boxes, and other means of communication, subject to reasonable regulation. . .”  On the other hand, California Education Code section 7054, subd.(a) provides, “No school district or community college district funds, services, supplies, or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the district.”  The San Leandro Teachers Association placed two newsletters in internal faculty mailboxes maintained by the San Leandro Unified School District at various school locations.  Both newsletters elicited support from the recipients for candidates endorsed by that union.  The district’s policy regarding the use of mailboxes provided that literature could not be placed in mailboxes without the district’s prior approval whether the materials come from a union or any other “non-school” organization.  The district rejected the materials and threatened denial of future access “if any future distributions contain impermissible political endorsements.”  The union filed an unfair practice charge with the Public Employment Relations Board.  The Public Employment Relations Board dismissed the charge, relying upon its own precedents.  The union then filed a petition for a writ of mandate, which was granted at the trial level.  The Court of Appeal reversed.  The appellate Court viewed section 7054 as “unambiguously” decreeing that school district resources may not be used in furtherance of political activities.  Thus, the issue was whether or not the mailboxes constituted use of district “funds, services, supplies or equipment”.  The internal mailbox system was deemed by the Court of Appeal to be a service, distinguishable from a “table in a faculty lunchroom”.  Mailboxes are “equipment” in that they are tangible, specially constructed receptacles that, while are not unduly expensive, are created and maintained solely by the district.  Unlike tables which can serve “many functions, mailboxes are solely dedicated to the task of distributing information to individual recipients.”  The Court rejected the argument that section 7054 applied only to the activities of the school districts themselves, and not to outside organizations seeking to use school district facilities.  Education Code section 7054 was, in the Court’s opinion, a reasonable regulation regarding the use of mailboxes.  Finally, regarding constitutional claims to free speech, these school mailboxes were deemed to be a “non-public forum” which had not been opened to unlimited public discussion