Wednesday, July 8, 2026

Page 3

Court of Appeal:

Comments on WVRO at Public Meeting Can’t Be Barred

Ban on Member of School District Board Discussing Civil Action Against Him Went Too Far, Opinion Says

By a MetNews Staff Writer

Div. One of the Fourth District Court of Appeal has held that while there was evidence aplenty of inappropriate conduct on the part of an ousted superintendent of a school district as to justify an order that he stay away from three employees of that entity, that doesn’t justify prohibiting the defendant from discussing the action against him at meetings of the Board of Trustees, of which he is now a member.

Monday’s opinion, by Justice Martin Buchanan, also holds that even though a separation agreement between Michael Krause and the Adelanto Elementary School District, located in Riverside County, spells out that each releases the other from any liability, “the employer’s right to prosecute a workplace violence restraining order” (“WVRO”) “on behalf of its employees is unwaivable under Civil Code §3513.” That statute provides:

“Any one may waive the advantage of a law intended solely for their benefit. But a law established for a public reason cannot be contravened by a private agreement.”

The district brought the action against Krause to protect employees Xenia Lovett, Sandra Alamillo, and Irera Peralta. Their allegations included outbursts by him and intimidating conduct.

San Bernardino Superior Court Judge James Baxter issued the WVRO.

Krause was superintendent from Jan. 24, 2023 to June 30, 2024. He was placed on administrative leave on April 4, 2024.

In November of that year, he was elected to the district’s board.

First Amendment

In his opening brief on appeal—by Adam J. Beshara and Dominic Quiller of the Los Angeles firm of McCune & Harber and Upland lawyer Cory J. Briggs—Krause contested the provision in the order barring any “comment upon this Order or these proceedings at or on the record of any regular Board meeting.” He argued that the “WVRO was issued without any of the requisite findings to support what is effectively a gag order on an elected official.” Krause quoted the 2004 opinion by then-Court of Appeal Presiding Justice Arthur Gilbert of this district’s Div. Six (now retired) in Levy v. City of Santa Monica as saying:

“The First Amendment protects everyone, even politicians.”

Buchanan’s Opinion

Buchanan noted that “[u]nder the First Amendment, elected officials are given the widest latitude to express their views on matters of public interest in public meetings,” and included the quote from Gilbert’s opinion in Levy.

He wrote:

“We conclude that this portion of the WVRO is broader than necessary to achieve its desired goals because it prohibits any comments about the WVRO or WVRO proceedings, not just statements that would constitute threats or harassment. The aim of the WVRO is to put an end to the harassment, not to silence Krause in the performance of his duties as an elected Board member. While we recognize that an injunction forbidding the repetition of expression that has been judicially determined to be unlawful does not constitute a prohibited prior restraint of speech…, the injunctive relief still must not sweep too broadly.”

Harassment Still Barred

The jurist added:

“Although we will vacate this portion of the WVRO as overbroad, we emphasize that this does not give Krause license to misuse his position as a Board member to harass the protected parties. Other remaining portions of the WVRO still prohibit Krause from harassing the women, disturbing their peace, or contacting them directly or indirectly. There is no exception to those other provisions for statements made or actions taken in Board meetings. In other words, Krause would still be in violation of the WVRO if he were to make statements or engage in conduct in Board meetings that harass the women, disturb their’ peace, or constitute direct or indirect contact with them.”

The case is Adelanto Elementary School District v. Krause, 2026 S.O.S. 1971.

The school district was represented by Adam J. Beshara and Dominic Quiller of the downtown Los Angeles firm of McCune & Harber.

Krause, a former associate superintendent of the South Whitter School District, now bills himself as a self-employed “educational consultant.”