BARLOW v. DAVIS

No. A084574.

85 Cal.Rptr.2d 752 (1999)

72 Cal.App.4th 1258

Andrew BARLOW et al., Plaintiffs and Appellants, v. Gray DAVIS, as Governor, etc., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

As Modified July 12, 1999.

Review Denied September 15, 1999.


Attorney(s) appearing for the Case

Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Oren M. Sellstrom, Woodland, Esq., Equal Rights Advocates, Beth Parker, Esq.; The Employment Law Center, William C. McNeill, Julian Gross, San Francisco; American Civil Liberties Union Foundation of Northern California, Edward Chen, Bowling Green, OH; American Civil Liberties Union Foundation of Southern California, Mark D. Rosenbaum, Daniel Tokaji; and Karl Manheim, Los Angeles, for Plaintiffs and Appellants.

Heller, Ehrman, White & McAuliffe, Robert E. Borton, San Francisco, Esq., Hilary E. Ware, Esq., for Amicus Curiae, Society of Professional Journalists, on behalf of Appellants.

Morrison & Foerster, Matthew I. Kreeger, Esq., Martha P. Siegel, San Francisco, Esq., for Amici Curiae, Mary Frances Berry, Yvonne Y. Lee, Cruz Reynoso, Leon A. Higginbotham, Commissioners of the United States Commission on Civil Rights on behalf of Appellants.

Bill Lockyer, Attorney General, Linda A. Cabatie, Senior Assistant Attorney General, Paul H. Dobson, Supervising Deputy Attorney General, Daniel G. Stone, Deputy Attorney General, for Defendants and Respondents.


SWAGER, J.

In this action for writ of mandate and injunctive and declaratory relief, the trial court determined that section 10115.5 of the Public Contract Code1 must be declared void as an unseverable part of a statutory scheme previously found constitutionally invalid. We agree and affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Section 10115.5 was enacted in 1988 as part of article 1.5 of the Public...

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