Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Six
  		 91
The San Diego Dissenters' Formula
for Opposing Busing
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issues of due process, equal protection, separation of powers and "white flight," but the thread running through them is a claim to "color-blind" treatment in the school assignments of the intervening students and others similarly situated. I quote first from the Declaration of Mr. Lester, marked Intervenors' Exh. 6 for Ident. at the 7/16/81 hearing, and then from the reporter's transcript on the same date:

      11. On October 21, 1980, an elementary exchange program was proposed to the Board of Education of the SDUSD which I am informed and believe and therefore allege calls for forced busing of elementary school children in said district. Thereafter, I and about 40 other members of "Groundswell" circulated petitions among residents of the SDUSD in the following three categories: (1) taxpayers-parents, (2) students, and (3) taxpayers-voters.

      12. On March 3, 1981, I presented to the SDUSD Board a number of petitions bearing approximately 5,983 signatures, including signatures in each of the above three categories, with the attached memorandum of transmittal ("respectfully object(ing) to the mandatory assignment of children, because of their race, away from their neighborhood public school location in the San Diego Unified School District....")

Excerpts from the Reporter's Transcript of Proceedings on July 16, 1981, follow:

      MR. ENSTROM (Counsel for Intervenors): ...The number of students signing those petitions was 1,856. And the original petitions have been filed with the School District.

      THE COURT: Will counsel stipulate, if called he [Mr. Lester] would so testify?

      MR. STERN (Counsel for SDUSD): Yes, your Honor.
       

Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
  
  — Busing: Chapter 6, pages 81 - 99 — PreviousNext
  
Busing —Not Integration— Opposed
Invoke our Color-Blind Constitution to End It
A Reasoned Opposition to Race-Based
Affirmative Action in Public Schools
by Elmer Enstrom, Jr. 		Contents
History of the 30-year Carlin affirmative action lawsuit:
a pro bono case history of applying Constitutional principles.
  
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