By Grassroots DC, on October 12th, 2013 
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 . . . → Read More: Key Elements of School Closure Lawsuit Move Forward
By Guest Contributor, on September 17th, 2013 
Cross-Posted From Street Sense Written by Eric Falquero
Three children race through the intersection of Providence and Capitol streets NE. Two kids ride scooters and one is on a bike. An oncoming taxi stops short.
Danger seen, crisis averted.
But traffic pollution poses a more insidious threat to neighborhood health, local activists say. And it is proving harder to stop than a hurrying cab.
In the low-income community where many residents already suffer from respiratory ailments, the Ivy City Civic Association (ICCA) is fighting to keep the city from opening a new tour bus parking lot. The neighborhood is hemmed in by busy New York Ave.NE as well as train yards, warehouses and city vehicle lots. And advocates worry the increased fumes from the charter buses will only make health problems worse.
“We can’t just let you come in and kill us,” says ICCA president Alicia Swanson-Canty, 40, who has spent her whole life in Ivy City. She worries that current pollution levels in the neighborhood are taking a particularly heavy toll on elders, including her mother.
On December 10, 2012, Superior Court Judge Judith Macaluso buoyed the advocates in their fight against city hall. She ruled that city officials violated the law when they moved forward with plans for the bus depot without getting the required input from the local Advisory Neighborhood Commission (ANC) or doing a mandated environmental review.
But now, the Ivy City activists are bracing for the next round of their battle.
City Mayor Vincent Gray is appealing the ruling and his day in court is is scheduled for Sept. 17. The office of the mayor would offer no comment for this story, except to say the city is pursuing the requirements specified in the injunction.
Advocates hope the December ruling will stand. And they hope for more. Their ultimate goal is seeing the former Alexander Crummell School, where the bus lot is proposed, transformed into a community or recreation center that could offer resources that are now in short supply such as a safe play area for kids and adult education classes.
“If they’re trying to make this a community, we need a rec,” said Ivy City resident Juice Williams, age 39. “We don’t need buses, we nee
d something productive: job training, GED classes…”
His fellow resident Nate Wales and David Hayes agreed that a community center would be a haven for children like the ones they had just watched cross the street in front of the taxi.dents Nat
“They’re not doing anything but chasing each other in the same circles,” Wales says of the kids.
Hayes could not help but compare the lack of services in Ivy City to the resources in other neighborhoods. “Brentwood has a work program, Rosedale has a rec, Edgewood has a rec…”
Wales added that the presence of a juvenile detention center does not send a hopeful message to young people. “There’s nothing to do, but they’re ready for you when you get destructive.”
Swanson-Canty said she believes that workforce development programs could help both longtime residents and men staying at the New York Avenue Shelter, which is also located in the neighborhood. She pointed out that the city has been promising a community center to Ivy City for years.
“Just give us what you said you would,” said Swanson-Canty. Most recently the city’s 2006 comprehensive economic development plan called for a community center and additional green space in Ivy City.
To Read The Entire Article CLICK HERE
By Liane Scott, on May 8th, 2013 
For those of us who follow the debate over school reform/school closings in the District of Columbia, the story of River Terrace Elementary School is not unfamiliar. In December of 2010, Schools Chancellor Kaya Henderson proposed that the school be closed due to under-enrollment. In January, a meeting was held at River Terrace Elementary to discuss the concerns of the community. Residents were angry about the decision to close the school and the lack of input from the community during the decision-making process. As you can see from the video below, many legitimate questions were raised; none of them have been answered.
River Terrace Elementary School is just one of the many Washington, DC public schools closed or threatened with closure since the reign of Schools Chancellor Michelle Rhee. Despite overwhelming community support, River Terrace was shut down. But the tide is turning. Although Rhee and her policies were in favor during the Administration of Mayor Adrian Fenty, the lack of improvement in test scores and the disruption to communities is causing many to think twice about reforming schools by closing them down.
The latest effort to stop DC public school closures is a lawsuit brought by Empower DC against the city to stop the latest round of school closings. The following excerpt from the Empower DC’s complaint explains their argument:
“The 2013-2014 ‘DCPS Consolidation and Reorganization Plan’ will have a startlingly disparate impact on students of color, special education students and students who live in low-income communities; and that disparate impact violates the United States Constitution, the D.C. Human Rights Law and applicable federal laws. There is a striking juxtaposition between how the Plan treats students “East of the Park,” those in predominantly minority, low-income communities, and yet spares students “West of the Park,” those in predominantly caucasian, affluent communities. The same is true with respect to how the Plan treats schools housing special education students. School closures are not immune to judicial scrutiny.”
Empower DC has their first day in court this Friday, May 10, 2013. Join them and the plaintiff’s in the case for a rally on the courthouse steps. Details follow:
Show Your Support for the Lawsuit To STOP DC PUBLIC SCHOOL CLOSURES Friday, May 10, 2013 US District Court, 333 Constitution Avenue, NW Rally @ 9:30 AM / Hearing @ 11:00 AM Pack the Hearing Room #19 For more information about Empower DC’s Public Education Campaign, contact daniel@empowerdc.org.
By Guest Contributor, on January 28th, 2013 
Last week, the DC City Council’s new Education Committee met for the first time. Inside the hearing room, Schools Chancellor Kaya Henderson was defensive, while outside Empower DC announces a lawsuit that would block Henderson’s plan to close 15 DC public schools. Below is a brief round up of the news from that day. It includes two videos from the local news and one article from the Examiner. Enjoy!
View more videos at: http://nbcwashington.com.
DCPS Chancellor Faces Lawsuit, Angry City Council
Cross-Posted From The Examiner Written by Jane Kreisman
Shortly before embattled DC Public Schools (DCPS) Chancellor Kaya Henderson met with the DC City Council’s new Education Committee inside the John A. Wilson Building today, Empower DC and attorney Johnny Barnes announced a legal injunction to block her plan to close 15 city public schools from the freezing steps of the same building.
Protesters brought many of their colorful and provocative signs inside and filled seats at the City Council committee hearing. The proceedings indoors aired live on City Cable TV 13 and DC Council member David A. Catania kept other citizens apprised of developments by tweeting live on Twitter.
D.C. Council members finally had their chance to question Chancellor Kaya Henderson in person and in public about her latest school consolidation plan.
David Catania, the Independent At-Large Council member who is Chair of the new Education Committee has said that one of his top priorities is improving the school system’s budget transparency and ”understanding how every dollar is spent.”
Catania said that DC education committees have been ”missing in action for six years,” and that lack of oversight has detrimentally affected DCPS.
For example, the closure of 23 D.C. schools in 2008 cost nearly $18 million, according to an audit released in August, nearly double the $9.7 million originally reported by the school system.
Catania has already introduced three bills this year for city reform, most notably one for DC CFO budget transparency.
Council and Committee member Yvette Alexander represents Ward 7, where four of the Chancellor’s 15 schools are slated to be closed. She demands that any savings from the closures of those four schools, Ron Brown Middle, Kenilworth Elementary, Davis Elementary and Winston Education Campus, must remain in Ward 7.
While Alexander made a visible effort and succeeded in remaining civil and constructive throughout the meeting, the Chancellor did neither.
The most notable comments about her contentiousness came from Marion Barry, Council member for Ward 8 and former DC Mayor, who criticized the Chancellor for giving the council a ”facetious” answer to their questions. He also took her to task for interrupting him and for ”cutting (him) off’.”
At one point, Henderson lost her composure and raised her voice over soft-spoken Barry.
”Why the hostility?” he asked.
Half-way through the Chancellor’s answer to his next question, he retracted it, complaining, ”No, I don’t want your answer.”
He ended his attempt at a civil discourse with the Chancellor with a statement of disgust, insisting, ”You’re not telling the truth!”
Instead of releasing the anticipated data of studies already conducted to support her case, Henderson was mostly on the defensive today.
Although Henderson again promised ”more robust” programs across the city, she was reminded how she has orchestrated a systematic downsizing and ”excessing” of Art, Music and other ‘special subjects’ programs and teachers during her tenure.
Council member Alexander stated, ”I want to see Art , Music and P.E. in every school in Ward 7. I want to see language offerings in Ward 7, modern libraries in Ward 7, and a STEM focus in every school in Ward 7.”
As the end of the meeting approached, Chairperson Catania gave his ”recap,”
‘We are hoping to embark on a new era of collective responsibility, giving out honest information, so that the public can make informed decisions.’
The Chancellor was allowed the final word:
”This is complex, frustrating and difficult,” she said, but she agreed to ”work on these budget issues.”
Notably, this is how the Chancellor chose to end the nearly 3-hour meeting.
Dripping in flashy, bulky gold jewelry, the Chancellor bragged about all her other standing job offers and implied that she could be making a lot more money ”without all of this,” gesturing with both arms at the City Council and the cameras.
. . . → Read More: News Round Up: School Closings Lawsuit
By Guest Contributor, on December 12th, 2012 
Cross-Posted from the Washington Post By Courtland Milloy, Published: December 11
Busses Parked Across the Street from Crummell School.
Back in the 1970s, many low-income black D.C. residents began expressing fears that a nefarious scheme was afoot to push them out of the city. They called it “The Plan.” And they were all but laughed out of the city for sounding so paranoid. But, as the saying goes, just because you’re paranoid doesn’t mean they aren’t out to get you.
Take the case of Ivy City residents, whose legal battles with the D.C. government offer evidence that The Plan is not some figment of poor folks’ imagination. And, in many ways, it’s even more dastardly than they thought.
In temporarily halting a District plan to put a bus depot in Ivy City, D.C. Superior Court Judge Judith N. Macaluso ruled Monday that Mayor Vincent C. Gray’s administration had “deliberately disregarded” laws requiring that residents be informed about how they would be affected by the move. Even worse, the judge found that developers had “evaded environmental screening by mischaracterizing the project” on city documents.
The only difference between this plan and The Plan as low-income people envisioned it is that instead of being pushed out by whites returning to take over the city, they were being pushed out by black elected officials operating as if in the employ of developers.
Union Station developers wanted a depot to keep buses that bring tourists to and from the station so merchants could sell fast food and souvenirs. Investors wanted to make a profit, city officials more tax dollars — for more bike lanes and dog parks, no doubt.
And if a bunch of low-income residents would have to breathe air filled with carcinogenic diesel exhaust to make it happen, so be it. Kill two birds with one stone.
You want to get rid of poor people? Raise their hopes by promising to renovate a historic African American landmark in their community, as Gray did to the people of Ivy City — but then turn around and break their hearts by trying to turn the site into a bus depot.
Tell Ivy City residents that the former Alexander Crummell School, named for an abolitionist who devoted his life to the uplift of black people, will be turned into a community center worthy of its namesake.
Then let them find out that instead of bringing new life to the neighborhood, you’ll be hastening the death of its residents — some of whom are children and elderly who suffer from asthma and other respiratory illnesses.
According to the city’s own comprehensive “master plan,” Ivy City will be made “green” and have lots of amenities in the near future. The question has always been who will be there to enjoy it? If gentrification in other parts of the city is any guide, the answer will more likely be newcomers with money rather than the poor folks who live there now.
Except that Ivy City, along New York Avenue about a dozen blocks east of North Capitol Street, is not like most other low-income neighborhoods. With their health and safety, actually their very lives, being threatened by the proposed bus depot, the residents fought back. They organized with help from a grass-roots group called Empower DC, held protest rallies and confronted city officials at public events.
The fight was led by Andria Swanson, president of the Ivy City Neighborhood Association, along with Ivy City residents Sheba Alexander, Jeanette Carter and Vaughn Bennett, and Empower DC co-founder Parisa Norouzi, among others. D.C. lawyer Johnny Barnes represented them in court.
After Macaluso’s ruling, Ivy City residents gathered for a celebration at the community’s Bethesda Baptist Church, where strategy meetings were often held.
Among the happiest residents were the youngsters who live in Ivy City, still clinging to hope that the Crummell School grounds will one day have a recreation center and other community programs.
“We like football, but there is no place to play except in the streets,” said De’Mar Williams, 15.
Demarco Jones, 12, said: “Most of the money is being spent on bike lanes when we could use it over here for job training.”
The ruling by Macaluso had been a significant win for Ivy City, but it was also confirmation of just how low the powers-that-be would go to keep them down. And out.
“The public interest lies in compliance with the District’s environmental laws and regulations so that District residents are protected from avoidable . . . → Read More: For Ivy City, The Plan Isn’t Paranoia
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