Lawsuit filed against Arizona ethnic studies ban

TUCSON (KGUN9-TV) - Opponents of HB 2281, a new Arizona law aimed at eliminating the ethnic studies program at the Tucson Unified School District, filed their long-threatened lawsuit Monday afternoon in Tucson.

Teachers opposed to the crackdown banned together to file the suit, which names state schools superintendent Tom Horne as a defendant. The suit claims the state law violates both the First and Fourteenth Amendments to the U.S. Constitution.

Horne fought for the law. Among other things, it forbids ethnic studies programs from teaching racial solidarity and from advocating the overthrow of the U.S. government. Horne has acknowledged that the law is aimed squarely at TUSD's program, which he says promotes "ethnic chauvinism."

Until now supporters of TUSD's program have said it does not violate Horne's law. At an afternoon press conference, KGUN9's Sergio Avila asked plaintiff's attorney Richard Martinez, "If it doesn't do all those things, why even bring forward this lawsuit?"'

Martinez replied, "Because in Tom Horne's eyes we do. We've already been judged guilty."

Late Thursday Horne issued a statement blasting the lawsuit. "It is fundamentally wrong to divide students up according to their racial group and teach them separately. That is why HB 2281 was passed, to put an end to these divisive programs and to dividing students by race in the 21st century."

The statement contained harsh words for the border activist group, Derechos Humanos. "The 'Derechos' group is an open-borders group that opposes the very existence of a physical border between the United States and Mexico, uses inflammatory language to denigrate its opponents, and favorably cites academic studies that compare the treatment of illegal immigrants in the U.S. to apartheid," the statement read.
Derechos Humanos was not a party to the lawsuit filed Tuesday. Outspoken Derechos Humanos spokeswoman Isabel Garcia did attend the press conference, however. The lawsuit states that each of the plaintiffs is a teacher. Among them is Sean Arce, the director of TUSD's ethnic studies program.

Martinez' fear that Horne has already judged the ethnic studies program is correct. Horne is on record as saying that the moment the law takes affect at the end of 2010, he will find TUSD to be in violation, and will start proceedings to cut 10% of the district's funding, as the law allows.

Horne will be leaving office a short time later. He was counting on his assistant, Margaret Dugan, to carry on the battle. But she lost the Republican primary to John Huppenthal.

Huppenthal is no fan of TUSD's ethnic studies program, either. On Monday he told KGUN9, "No school district has a right to provide incorrect, unfactual American history that pits a class against another. It's unhealthy and if that's what going on there's going to be a confrontation."

But Huppenthal has not said that if elected, he would immediately find the program to be in violation. Instead, he has talked about gathering more facts.

Huppenthal faces Democrat Penny Kotterman in the general election. Kotterman told KGUN9 News in August that she supports the ethnic studies program. "I will push to improve and strengthen all of our social studies and government curriculum because I think that's an important thing to do across the board," Kotterman said. "But I believe that ethnic studies bill is politically motivated that it gives way too much power to the office of the Superintendent of instruction and that it takes away local control."

The lawsuit filed Monday also lists the entire State Board of Education as defendants. It's not clear whether Governor Jan Brewer is a defendant. She is not listed as such on the title page of the lawsuit, but the lawsuit labels her as a defendant in paragraph 74.

Gary Anthony Ramsay
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[lail4h]

whites are afraid of any ethnic solidarity. im so proud of the latino community for standing up and fighting.

[MikoDollie]

@Gulfporter

Capitalism doesn't have a place in public schools either then. The American school system is just happy with distorting or leaving out the history of African Americans, which is in part why there is still so much hostility towards them. Nobody knows how they were cut out of the G.I. Bill, & how that caused them to be economically immobile compared to whites. Poverty is inherited, just like wealth, its not that they're lazy. But when ethnic "chauvanism" affects whites? Ruh oh!

[TheLAdao]

ok ok so the mexican-americans will be the majority...where is it written that they cant? why are whaites so scared? their ancestors use to run this contenent perfectly...without hurting the enviorment leave em alone!

[freigheit93]

@lail4h .-. I'm both white and latino/ hispanic and I know a lot of whites who have no problem :l

[1234567890abcdefg44]

fuckin white supremicists there getting scared of ethic soladarity

[10Slutts]

Stop fucking being racist fucking teenage mexicans think theyre all cool faggs you aint

[aztec714ok]

this lawsuit is based on jealousy....hahaha

[fyne]

What a piece of shit that man is

[fleiva30]

only in Arizona people!!

[Holdek]

OMG, berets!!

[ohohmrbill1]

The Sonoran Science Academy follows a religois leader named Fethulla GUlen. He was kick out of Tukrey for doing the same thing Tom Horne is against. Yet Tom turns a blind eye. Tom was quoted as saying I do not care if a school follws a religious or political movement as long as they bring me results. Google Gulen Veins through the artery. Why? The GUlen charter school donated heavily to Tom campaign.