ASUC to Settle Suit for $15,000

ASUC is one step closer to ending a federal lawsuit that has dragged on for more than six months, after the ASUC Senate authorized the use of $15,000 to settle the case Wednesday night.

The senate unanimously passed an emergency bill submitted by Student Action Senator Peter Chung to cover the legal fees of Defend Affirmative Action Party Senator Yvette Felarca, the plaintiff in the case. The $15,000 is in line with the settlement Felarca's attorneys proposed.

"ASUC collectively decided it was in the best interests of all parties to settle the case immediately under recommendation from our lawyer," Chung said.

The case, filed last summer, alleged unfair electoral practices after the ASUC Judicial Council disqualified all DAAP candidates from last year's ASUC elections. The council threw out the party after some party members badgered judicial council members during a hearing of an unrelated case.

ASUC will dive into their legal defense fund, rather than funds that are used in spring budgeting, to pay the proposed fee, Chung said.

"The cost of going ahead with the suit far exceeds (the settlement)," said ASUC attorney Mark Himmelstein. "It makes economical sense."

The settlement proposal also calls for ASUC to further review and revise the rules that prompted Felarca to file the suit.

The senate will review the election bylaws, Chung said.

The senate already approved one change to election guidelines last semester to give the council greater discretion in handing down punishments for election rules violations.

DAAP was originally thrown out of the election because the rules required the council to disqualify the party if it was found guilty, regardless of what punishment the council wanted to impose.

"It is important that we have the bylaws changed to guarantee that student candidates have the same rights as (other students)," Felarca said. "We still have fewer rights, and they're compromised by virtue of running for office."

As of now, "no official offer or acceptance of a settlement has been made," Felarca said.

Now that the senate has approved the $15,000 to pay Felarca's legal fees, the attorneys will meet to fine-tune the final settlement.

The case should be over within the next month, Himmelstein said.

Although the case is moving into its final stages, some ASUC officials involved in the original spat said DAAP is taking advantage of ASUC's financial status, which would likely prevent it from taking the case to court.

"It's extortion, pure and simple. They are holding the sanctity of the ASUC hostage," said former Judicial Council Chair Mike Davis, who was chair of the council that disqualified the party. "Every student on this campus should be outraged at what they are doing."

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