Posted on behalf of Empower DC
Case Brought by Empower DC Alleges Discriminatory Impact of School Closures, Group Granted Discovery as Litigation Continues
Yesterday, Federal Court Judge James Boasberg found that plaintiffs have established sufficient facts to allow the bulk of their case alleging discrimination in the city’s pattern of public school closures to move forward.
The case of Shannon Smith et al Vs Kaya Henderson et al was filed last March by members of Empower DC as part of an effort to stop the closure of 15 DC Public Schools in low income communities of color. After a hearing on May10th, Judge Boasberg did not grant a temporary injunction and the closure of 13 DC Public Schools was allowed to go forward this fall, however the court has yet to issue a final ruling on the merits of the case, which has now survived the city’s motion to dismiss and will be litigated further.
Communities throughout the nation have mobilized to fight the closure of dozens of public schools, predominately in low income communities of color, in cities including Chicago, Philadelphia, New York and Baltimore. To date, Empower DC’s suit is the first to have withstood dismissal, a point highlighted by Constitutional Law Professor Jamin Raskin, a member of the group’s legal team.
“This will be the first time that a federal court addresses evidence showing that a school system closed majority African-American schools as a response to under-enrollment when it never closed majority white schools as a response to under-enrollment. In this case, thousands of African-American and Hispanic students face school closings east of the River and only two white students find themselves in the same situation. Equal Protection simply does not permit government to impose discriminatory and selective burdens on minority communities even in pursuit of otherwise lawful objectives,” said Raskin.
In his 30-page opinion, Judge Boasberg dismissed some of the plaintiffs’ claims including those relating to compliance with the city’s statute requiring notice and input from Advisory Neighborhood Commissions, as well as those relating to disability laws. However all claims were dismissed without prejudice, a judgment which signifies there has not been a ruling on the merits of the claim and the claim could be brought in another court.
The key claims of the lawsuit have been upheld by Judge Boasberg, meaning that the plaintiffs provided sufficient evidence for litigation on those to continue. As a result, plaintiffs will be able to move forward with the discovery process during which the defendants, Chancellor Kaya Henderson and Mayor Vincent Gray, will have to make documents and data available to the plaintiffs.
The Judge’s opinion states, “The Court agrees with the District on the bulk of the Plaintiff’s claims. Nevertheless, the parents and guardians have alleged sufficient facts to state claims of discrimination under the three civil-rights provisions at the heart of their case: the Equal Protection Clause, Title VI, and the D.C. Human Rights Act.”
Attorney Johnny Barnes, lead attorney for the plaintiffs, stated, “We are not unhappy with this decision. While the Court dismissed, without prejudice, many of our claims, it left the heart of the case in place. We plan to vigorously litigate the equal protection, disparate treatment and D.C. Human Rights violations aspects of the case in the weeks and months to come. We look forward to probing the minds of those District officials who undertook the school closings which the Court indicated on the face of the facts merits deeper inquiry. While we continue to believe that the ANC notice and citizen participation counts of our Complaint are strong, notwithstanding the dismissal, without prejudice, we shall likely pursue those purely local matters in another court in a case already pending. We are pleased that we were able to present a brief that caused the central theme in our case to continue — unconstitutional discrimination in the closings — while every other lawsuit filed across the Country has not met with the same success.”
Empower DC’s members continue their campaign to save community schools, and the neighborhoods that depend upon them. “Our members never gave up their fight,” said Parisa Norouzi, Executive Director. “The Supreme Court has ruled in the past that a court is empowered to order that schools be reopened, where discrimination has been found. We continue to believe that it is possible schools like Ferebee-Hope Elementary will be reopened at the end of this fight – as would be the fitting tribute to the parents and students who have been champions for their community.”
The Judge’s ruling is available at http://www.empowerdc.org/
This is an excellent development! Thanks so much for posting it here on GrassrootsDC for all to read.
What’s really disheartening is that the Associated Press’ story, which is where most of the mainstream news reprints, was so incomplete. Here it is:
A judge is dismissing most of a federal lawsuit that attempted to halt the closure of 15 public schools.
Judge James Boasberg said Thursday opponents of the school closure plan “failed to allege facts that would sustain the majority” of the lawsuit filed in March.
Empower DC, the community group that had backed the lawsuit, wanted to halt the school closures, which they said improperly discriminated against poor, minority and disabled students. Boasberg previously denied a request to temporarily halt the closures. At the time, he wrote that there “is no evidence whatsoever” officials intended to discriminate by closing the schools.
A lawyer for the group that filed the lawsuit, Johnny Barnes, said he wasn’t unhappy with the decision and that group would move forward with the remaining issues.
This whole Empower DC/Grassroots organization is ridiculous. They fight to keep schools open with low test scores and not enough students in the building to house. Why are tax payers paying to keep the schools gas, electric, water, etc. running and the building is not fully being occupied. This organization fight to keep Public Housing Projects open. Why??? To continue to let blacks remain in sections like caged animals? To allow people to live in SHIT? Let them get vouchers, and maybe just maybe they will start taking charge of their own lives with little help from the Government. This organization is not helping our community, its hurting it. If the schools are closing in poor communities, then the question is, Why???? The parents are not at work so they should be more active with their kids schooling but they are not. Help people to be better not teach them to be victim…
Thanks for your comment Joy, but I couldn’t disagree more. Closing schools down that are under-enrolled and under-performing does nothing to address the underlying problems. I believe the schools have not been supported properly for decades. The same can be said of public housing. In fact, by encouraging people to fight to not only save their homes and save their schools but also to demand that their homes and schools be improved, Empower DC is doing exactly the opposite of encouraging victimization. Grassroots DC is not affiliated with Empower DC, but we do support any organization that is doing just what you suggest we should be doing, helping people to be better and not teaching them to be victims. What are you doing to help people be better?