LITIGATION
For the past several years, former Superintendent of Public Instruction and current Attorney General Tom Horne has been on a mission to eradicate TUSD's Mexican American Studies program. His most recent attempt was to author a bill introduced as HB 2281, which the Arizona legislature passed and Governor Brewer signed into law on May 11, 2010. HB 2281 is codified at A.R.S. §§15-111 and 112. Now that HB 2281 has become law, the struggle to protect the Mexican American Studies program must necessarily move into the courts. One of Save Ethnic Studies' highest priorities is to support this effort.
On October 18, 2010, attorney Richard Martinez filed suit in the United States District Court against Superintendent Horne and the State Board of Education on behalf of eleven TUSD Mexican American Studies teachers. Since then, two TUSD students have joined as plaintiffs. The legal challenge contends that HB 2281's attempt to wipe out the Mexican American Studies program is in violation of the teachers' and students' constitutional rights and that HB 2281 must be invalidated.
This litigation takes on the considerable power of the State of Arizona and requires significant financial resources to meet that power. Although, we hope for an early resolution, we must be prepared for the possibility of a long legal battle against the State. To sustain the fight against the State and HB 2281, Save Ethnic Studies needs your financial support. No donation is too small.
This is not solely the struggle of TUSD's Mexican American Studies teachers and students. If successful, the State of Arizona and the Legislature will be emboldened to suspend constitutional and civil rights beyond the educational arenas. Other states may move to destroy Ethnic Studies in their schools and universities. Because the outcome of this lawsuit will potentially affect education, civil rights and free speech beyond Arizona's borders, we ask for your support.
- Initial Complaint filed 10-18-2010
- Exhibit A filed 10-18-2010
- Answer to Complaint filed 12-30-2010
- Second Amended Complaint filed 04-24-2011
- Second Amended Complaint Exhibit A filed 04-24-2011
- Second Amended ComplaintExhibit B filed 04-24-2011
- Motion For Summary Judgement filed 05-25-2011
- Order Granting Stipulation Regarding Nominal Party Status filed 06-07-2011
- Motion to Dismiss CD No. 59 06-27-2011
- Reply to Defendant's Response to Motion for Summary Judgment 07-08-2011
- Motion to Quash 07-29-2011
- Response In Opposition To Motion To Dismiss CD No. 59 08-01-2011
- Huppenthal Response to Motion to Quash 08-02-2011
- ORDER Quashing Subpoenas 08-03-2011
- Motion to Dismiss Ct Doc No 88 09-19-2011
- Exhibit A to Motion to Dismiss Ct. Doc. No. 88-1 09-19-2011
- Exhibit A Arce Declaration Ct. Doc. No. 89-1 10-11-2011
- Exhibit B Rusk - Baldenegro E-Mail Ct. Doc. No. 89-2 10-11-2011
- Exhibit C Rusk Declaration & Exhibit (Photograph of Student Work) Ct. Doc. No. 89-3 10-11-2011
- Response in Opposition to MTD Ct. Doc. No. 89 10-11-2011
Our legal team has been working very hard during the last couple of months. These were filed on 10-18-2011.
- Motion for Summary Judgment Ct. Doc. No. 91 10-18-2011
- PSOF Ct. Doc. No. 92 10-18-2011
- Exhibit A Sean Arce Declaration Ct. Doc. No. 92-1 10-18-2011
- Exhibit B TUSD Post Unitary Plan Ct. Doc. No. 92-2 10-18-2011
- Exhibit C Photographs of Lynchings Ct. Doc. No. 92-3 10-18-2011
- Exhibit D Huppenthal - Buckmaster Transcript Ct. Doc. No. 92-4 10-18-2011
November 2011
- Exhibit 1 Kowal Order Ct. Doc No. 110-1 11-14-2011
- Exhibit 2 Martinez Letter Ct. Doc. No. 110-2 11-14-2011
- Exhibit 3 Sean Arce Declaration Ct. Doc. No. 110-3 11-14-2011
- Exhibit 4 US DOJ Determination 08-26-2011 Ct. Doc. No. 110-4 11-14-20118
- Exhibit 5 NEA Report on Ethnic Studies 2011 Ct. Doc. No. 110-5 11-14-2011
- MPI Ct. Doc. No. 110 11-14-2011
- ORDER Ct-3. Doc. No. 119 re Hearing 11-22-2011