In this case, the ACLU filed an amicus brief in support of the award of attorney's fees. Here, Anthony P. Kershaw and other residents of the City of Berkeley, alleged an improper use of their tax money, which was deposited in a General Fund. The specific situation that the case discusses concerns a Rent Board budget deficit of $68,000, which was taken out of the general fund as a "loan" to be paid back. However, it had none of the ordinary features of a loan. It is also in violation of Sections 6f(17) and 6n of the Rent Stabilization and Eviction for Good Cause Ordinance (the "Rent Ordinance"), which "prohibits financing the reasonable and necessary expenses of the Rent Board with money from the General Fund," and which was passed in June of 1980.

The plaintiffs allege that this improper use of money from the General Fund would make curtail other necessary City services, such as "health, welfare, library and other vital community services." They also point out that, as the money taken out of the General Fund was unable to earn interest, "plaintiffs will suffer further injury in the form of increased taxes, reduced services, or a foregone reduction of future taxes as a result of the unavailability of this additional money."

The issue that the ACLU weighed in on was whether the case served a large enough group of people so as to qualify for the award of attorney's fees for the plaintiffs. The plaintiffs won their case against the City, and the court ordered that the money be returned to the General Fund, and also that attorney's fees be awarded.