California district’s suit against athletic booster club dismissed

According to The Desert Sun, Palm Springs Unified School District’s (PSUSD) suit against the Palm Springs High School Athletic Boosters and two members of the club’s board has been dismissed. The suit sought the return of $31,000 collected by the booster club, and a court order preventing the booster club from any further fundraising activities under the auspices of the high school.

Both parties claimed a measure of victory. Renell E. Burch, the attorney for the two booster members, Josie Blandino and Leah Wiltgen, said, “From our position, the school district finally realized they didn’t have solid claims against the club.” Steve Montanez, PSUSD’s attorney, on the other hand, views the dismissal as a victory. “The district felt they had achieved the objective intended,” he said. “That was to cease the booster club from engaging in fund-raising activities.”

According to Montanez, PSUSD did not pursue collecting the $31,000 it says was raised but never given to the school because parent volunteers in each sport and club at Palm Springs High School banned together to make up the amount. Burch refuted Montanez’s version of events, saying, “The district knew full well there was never any taking of money.”

Source:  The Desert Sun, 7/20/12, By Chris Grillot

[Editor's Note: In 2010, COSA members Peter Wilson, Jr. and Dean Frieders discussed the legal issues arising with parent fundraising groups and commercial endeavors in their article "With Strings Attached:  Boosters, PTO/PTA, Foundations, Fundraisers and Cellular Tower Leases." The article is available to COSA members.]

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