Judge Throws Out PaliHi Lawsuit

A Los Angeles Superior Court judge threw out a lawsuit filed by Palisades Charter High School against Radcliffe Avenue resident David Helgeson, who had been loudly protesting excessive noise emanating from the school’s aquatic center and campus events.
On September 12, Judge Carol Boas Goodson dismissed PaliHi’s lawsuit in its entirety and found that there was no credible threat of violence proven by the school against Helgeson. Furthermore, Goodson found that the lawsuit “did not even meet the definition of workplace violence,” said Pacific Palisades attorney John Murdock, who represents Helgeson.
“The court had no jurisdiction based on the school’s allegations that did not meet statutory requirements,” Murdock said, adding that the court “would certainly not restrain Helgeson’s right of free speech, which is what the evidence showed he was exercising.”
In the lawsuit, PaliHi was seeking a temporary restraining order and injunction for workplace violence. These allegations were based on claims that Hegelson’s behavior was “threatening” and “violent” when complaining about noise emanating from the Maggie Gilbert Aquatic Center.
Since 2010, Helgeson, who lives directly across the street (Temescal Canyon Road) from the swimming pool, had played rock-and-roll music from his deck, phoned in numerous complaints to school officials, and taped sounds coming from the pool and played them back at the campus. He denied allegations that he had threatened patrons with violence or videotaped images of poolgoers.
The lawsuit alleged that Helgeson intimidated staff, and “engaged in progressively escalating pattern of harassing and threatening behavior toward staff, students, parents and patrons of [PaliHi],” according to court documents.
Helgeson’s attorney rebutted the claims by the school and his response included numerous affidavits by other Radcliffe neighbors who attested to “Helgeson’s non violent nature” and the ongoing “noise nuisance” from the school, which various neighbors have complained about for years.
According to court documents, Murdock alleged that the school filed “declarations [from staff, patrons and employees] that exaggerated Helgeson’s conduct, solely for the purpose of obtaining a court order, which is nothing more than a bullying tactic intended to silence its critics.”
Murdock’s argument included a letter sent to Helgeson by a group calling itself The Palisades Charter High School Protective League.
The group, which claimed to be made up of “lawyers, politicians, screenwriters and Emmy and Oscar winning actors…the movers and shakers of the Palisades,” gave Helgeson a long list of demands that included he stop his “harassing behavior,” turn in his recording devices to the principal’s office and make a formal apology to the staff and administration.  The group also demanded that “on a date to be determined” by the school’s principal, Helgeson would have to stand at the pool for a period of 30 days and “greet all the users of the pool and apologize for [his] behavior for the past two years.”
If Helgeson refused, the group threatened to have flyers with his likeness placed all around the community listing his “offenses and warning people” against doing business with him and “converse [with him] in any manner.”
On September 11, more than 100 area residents, students and faculty attended a meeting on campus to address the ongoing issue of noise and lights coming from the school. Consequently, Principal Dr. Pamela Magee announced in October the formation of a task force made up of neighbors, students and staff to deal with residents’ concerns.
The task force meetings have led to several noise-and light-reduction endeavors by the school, including reduced athletic-field lighting and lower PA sound levels. The school has also established an 800 line that surrounding neighbors can use to call in concerns, such as lighting, noise and even students loitering in their neighborhood during school hours. As a result of these efforts, several residents have expressed appreciation for the school’s efforts toward dealing with these issues.
David Riccardi, PaliHi’s director of operations, told the Palisadian-Post that the school is continuing to address the concerns of the surrounding neighbors.
Riccardi said that the school will soon announce a public meeting to discuss the progress that has been made towards resolving neighborhood complaints.