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Any such confusion and disruption is solely the result of Respondents's [ sic ] own wrongdoing, and they cannot be permitted to use that as a justification for violating the people's will under Proposition 99.27 [emphasis in original] The fact that a lawsuit had not been filed before 1994, when the CHDP diversion had begun in 1989 and the CPO diversion in 1991, the lawyers argued, should not affect the cease and desist order because the health groups did everything that they could do to prevent the health education diversions short of litigation.27 The groups filed suit as soon as AB 816 increased the diversions from the Health Education Account and gutted the Research Account [and] petitioners saw that there was no recourse short of litigation.27 The health groups also argued that the state's claims of harm needed to be balanced against the harm caused by underfunding the health education campaign