Liberate Public Schools
from Government by Lawsuit  /  Phase Eight
  
109
The Struggle Continues Countrywide
to End Race-Based Assignments
in Public Schools
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Plaintiffs, and the Crawford Amici in the San Bernardino case, all seeking mandatory race-based student assignments. And I did not know of these conferences, nor of any one invited or attending from our group, or recognize any group he mentioned consulting as being a supporter of Proposition 209, which was the law in California.

Almost within the five minutes given me, I then presented a number of examples of objections by non-class constituents of the Board in the Carlin case constituting a solid opposition to the future use of race / ethnicity in its integration proposal. One objection, and the basis for it, was by a minority-classified student originally excluded from a magnet school because of her race and residence, by way of a copy of her written statement to the Board:

My name is Kimberly... I live in University City. I attend Marcy Elementary and I am in the 6th grade. Math and Reading are my best subjects but I love drama the best. I have been in a few plays at my school but I wish to be in more plays. I found out there is a special school called the School of Creative and Performing Arts. My mom sent in an application to ask if I could go but they said “No.” Then my mom sent another application to Gompers and they also said “No, I can not go.” They said I couldn't go because I am not the right color, I don't live in the right neighborhood, and I would hurt the racial balance. I think that this is not fair because God made children the same, so we should be treated the same. We should Not be treated according to our skin color, or where we live, or what Ethnic group we are. Why do you treat children according to their skin color, or where they live, or what Ethnic group they are. I don't understand why you are treating children like this?

I closed my presentation suggesting consideration of a race-neutral plan such as one recently published in The San Diego Union-Tribune. This plan coincided with an earlier one of which I had become aware that urged the Board's objective should be to provide the best quality of education to all the students with its top priority being the quality of the local schools. Both plans would eliminate race / ethnicity and residence of applicants in their selection, by a random drawing process, to any school (legitimately Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Crawford I   Crawford v. Board of Education, 17 Cal.3d 280 (1976)
[related to BustopBoard of Ed., etc.]
Los Angeles, California
 
  N.A.A.C.P. v. San Bernardino Unified Sch. Dist.,
Superior Court No. 155286 (1979)
San Bernardino, California
Enstrom: submitted amici curiae brief (denied by judge)
  
Carlin Board of Education v. Superior Court, 61 Cal.App.4th 411 (Feb.1998)
[conclusion of Carlin v. Board of Education]
San Diego, California
  
  Liberate: Phase 8, pages 102 - 114 — Previous Next
  

Liberate Public Schools
from Government by Lawsuit

A Long Pro Bono Struggle
Against Racially Balancing Public School Students
in a Thirty-Year Lawsuit
by Elmer Enstrom, Jr.
  
Contents
A chronological presentation of the 30-year Carlin affirmative action lawsuit:
a legal battle to reassert the "separation of powers" concept
of a republican form of government embodied in our Constitution.
  
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