i mean we've offered gloria davis to kidnap high school and we mediated them to move in part to move webster so in the discussions with general council at the time that appeared that we didn't know licking we were to prevail in court and how quickly we decided to make an office to neglects. >> what happened if we deny that if we vote to not gave me in the su a - >> so as part of the facilities disagreement with sf wax they've agreed to dismiss their pend writ and each party will walk away assuming their own cost if you approve that within the document i would be happy to advise you to the explore of liability but if you choose not they've demonstrated they have sufficient in district ada to warrant prop 39 and we have a legal obligation to provide that. >> so you we're saying they are meeting their ada number bans their calculations or their demonstration and in which this case we're providing them with the space is what we should be doing under which you were not here when that advise was give to michael let's workout with them and get the writ dismissed or was that under previ

render this downtown location and if you recall they came here and said i can't move but i us to gloria davis and i have an obligation to serve them i have let's go sympathy for an organization they've lied to us twice at least and no evidence they're not doing it again so i understand and it is definitely not the first time we've been faced with this choice do something we think is wrong because it is alike likely it may cost us more those are hard things to swallow i appreciate commissioner mendosa-mcdonnell that he thought we were protecting ourselves so we clearly didn't figure out how to do that maybe we can do a better job in the future. >> superintendent and commissioner mendoza-mcdonnell. >> yes. so commissioners we're in intently noting our concerns we have similar concerns it is important to understand though that the board a in the action that it took drew a clear line when it goes to the state we're limited in what we can do aside from presenting our case at the state level there are ramification at the local level so we hear the frustration loud and clear we're monitoring the enr