A judge Tuesday denied a preliminary injunction seeking to limit the use of 70-foot athletic lights at Malibu High School.
L.A. County Superior Court Judge James Chalfant rejected the application of the Malibu Community Alliance for an injunction to prevent or limit the use of the lights at the field during the lawsuit, according to City Attorney Christi Hogin.
The Malibu Community Alliance filed the lawsuit in July, challenging the Malibu City Council's approval of the Santa Monica-Malibu Unified School District application for a permit to install and use 70-foot lights on the field with limitations.
"This is a significant development in the case because the plaintiffs were required to show that they are likely to succeed in the underlying case in order to qualify for an injunction," Hogin said. "The court studied the matter closely and considered all legal arguments. The court determined that the plaintiffs had not established likelihood of success on the merits of the case."
Hogin said the judge described the case as “dead in the water."
The group had sought a temporary injunction to prevent the school district from installing the lights for the homecoming game. In October, the judge allowed the district to put up the lights and use them for football games through Nov. 8.
A call to the attorney for the Malibu Community Alliance, Stan Lamport, was unanswered.
Seth Jacobson, a member of the "Bring on the Lights" campaign's steering committee and chairman of the Shark Fund, said the ruling was in the school's favor.
"It shows that we were persistent, we followed the rules and we did everything we needed to do to protect the community and the students and do what is in the best interest of the community and the school. We prevailed," Jacobson said.
He said the school and parents will abide by the rules set out by the city.
"We’re excited and we’re happy and we’re going to move forward and follow the rules play sports," Jacobson said.
The ruling clears the way for boys and girls JV and varsity soccer to play under the lights.
"It’s a good day for our athletes and our programs that play or perform under the lights. That includes not just the football players, but our cheerleaders, our dance squad, boys and girls soccer team, lacrosse and band. It’s all the kids that are out there, our student trainers, student reporters," said Pete Anthony, who is also on the “Bring on the Lights” campaign's steering committee.
