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"I believe Dr. King once said, 'Injustice anywhere is a threat to justice everywhere,' " Ann Tillis, one of the parents, said of the slain civil rights leader. "And so today I come to serve notice to HISD that no longer will my child, or any child in HISD, be treated with such educational injustice."...The lawsuit alleges the district "consistently provides lower-quality academic programs, equipment, facilities and materials at school facilities located in predominantly minority communities, and particularly at those located in African-American communities" (Houston Chronicle. 12/18/07).
"The federal lawsuit filed Friday accuses the nation's seventh-largest school district of discriminating against black, Hispanic and poor students by providing inferior facilities and fewer educational opportunities in predominantly minority areas" (Houston Chronicle12/17/07).
Houston & Texas News
Attorneys Sylvia Cedillo, left, and Ty Clevenger, center, are representing the families suing the Houston school district over the bond election results. State Rep. Sylvester Turner, right, said HISD "is doing everything they can to protect the money but not to safeguard the interests of the children."
BILLY SMITH II: CHRONICLE
Dec. 18, 2007, 7:48AM
HISD bonds under fire again
Families sue district, saying the package is discriminatory
By ERICKA MELLON
Copyright 2007 Houston Chronicle
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Original complaint against HISD (pdf) http://www.chron.com/content/chronicle/ae/bond2.pdf
Court order authorizing HISD’s bond sale (pdf) http://www.chron.com/content/chronicle/ae/bond1.pdf
Three families have filed a federal lawsuit against the Houston school district, alleging discrimination against poor and minority children and asking a judge to stop the sale of bonds for new school construction.
The lawsuit caps months of opposition, mostly from the city's black community, to the school district's $805 million bond package. The bond won approval in November with 51 percent of the vote.
At a north Houston church on Monday, two mothers, joined by several pastors and politicians who vigorously opposed the bond, announced the lawsuit they filed late Friday against the Houston Independent School District.
"I believe Dr. King once said, 'Injustice anywhere is a threat to justice everywhere,' " Ann Tillis, one of the parents, said of the slain civil rights leader. "And so today I come to serve notice to HISD that no longer will my child, or any child in HISD, be treated with such educational injustice."
The lawsuit alleges the district "consistently provides lower-quality academic programs, equipment, facilities and materials at school facilities located in predominantly minority communities, and particularly at those located in African-American communities."
HISD Superintendent Abelardo Saavedra, through a spokesman, declined a request for an interview. He directed questions to the district's general counsel, Elneita Hutchins-Taylor, who said the lawsuit was "without merit" and would not delay the planned school construction and renovation projects since a state district judge already has authorized the sale of the bonds.
"The vast majority of the money in this bond election will go to the benefit of African-American and Hispanic students," Hutchins-Taylor said.
Nearly 90 percent of students in the district are black or Hispanic, and about 80 percent come from low-income families.
The district plans to file a formal response to the lawsuit in two or three weeks, Hutchins-Taylor said, and will ask the court to dismiss some of the claims.
"We're confident we can go forward at this point and issue any bonds that we deem necessary," she said.
Pre-emptive move
After the contentious bond election, district officials knew they could face a legal challenge. So three days after the bond passed, the district filed a lawsuit in Travis County asking a judge to validate the election and approve the sale of the bonds.
On Dec. 3, the state court ruled in the district's favor and issued a permanent injunction against any lawsuit questioning the validity of the election. That order calls into question whether the parents' lawsuit, filed in federal court, comes too late.
Opponents of the bond, including state Rep. Sylvester Turner, blasted the district's legal move, saying they didn't know about the hearing in Austin so they couldn't properly respond.
Hutchins-Taylor countered that the district published proper notice in the Houston Chronicle and the Austin American-Statesman.
"It's very clear that HISD is doing everything they can to protect the money but not to safeguard the interests of the children," said Turner, a Houston Democrat and an attorney.
Turner said organizers purposefully staged their Monday announcement at New Mt. Calvary Baptist Church because it is a few blocks from Key Middle School. The district temporarily closed the school in late September after weeks of complaints that employees and students were getting sick from mold or other air-quality problems in the building.
The lawsuit specifically mentions Key and asks the court to require HISD to close and replace the facility. All of the families who filed the lawsuit have at least one child at Key.
The lawsuit also lists Booker T. Washington High School, Yates High School, Ryan Middle School and Jackson Middle School. It claims the district has "long neglected" the schools and says that "enrollment in these schools is declining due to dilapidated facilities, inadequate equipment and libraries and fewer educational opportunities."
The parents suing the district are supported by some high-profile elected officials, including Turner, State Rep. Harold Dutton of Houston, U.S. Rep. Sheila Jackson Lee, City Councilman Jarvis Johnson and City Councilman Peter Brown.
Jackson Lee, a Houston Democrat, compared the parents' lawsuit to the landmark case known as Brown v. Board of Education. In that case, parents in Topeka, Kan., challenged that the separate facilities for minorities were discriminatory, and in 1954 the Supreme Court agreed.
"That was a question of separate and unequal," Jackson Lee said. "This is a question of unequalness in minority schools."
Runoff winner present
Also present at the news conference was Carol Mims Galloway, who will begin serving on the Houston school board in January after winning a runoff election this month. Galloway, whose district spans north Houston, said she supports the lawsuit, as does the Houston branch of the National Association for the Advancement of Colored People. Galloway is president of that association.
The parents named as plaintiffs are Maria Martinez, whose children attend Key Middle, McDade Elementary and Reagan High; Jessica and Tandy Corey Johnson Sr., whose child attends Key Middle; and Ann Tillis, who has a son at Key and is president of the school's parent-teacher association.
The parents are being represented by private attorneys Ty Clevenger of Bryan and Sylvia Cedillo of Prairie View. Clevenger also is representing a Waller County resident who has filed a similar lawsuit challenging that school district's recently approved bond referendum.
Martinez said her children are bored in school and have not gotten the specialized coursework they deserve since the Key students were sent to nearby Fleming Middle School.
"I did not get a high school education," she said. "But I'm going to make sure that my children do."
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Comments on chron.com:
yealikeimreallygoingtogivemyname wrote:
The article says "Nearly 90 percent of students in the district are black or Hispanic, and about 80 percent come from low-income families."
So where's the discrimination? Is all the money going to the rich, white students? Apparently not, because there aren't any.
I'll tell you what the answer is. They are only complaining because all the money does not go to THIER children or THIER political district. (Or in the case of Councilman Peter Brown, he doesn't really care where the money goes, it just loked like some good publicity for his next election.)
Shame, Shame. All these people want to do is take the money away from other black or Hispanic children.
12/18/2007 3:43 AM CST
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gm6900 wrote:
Ole Iron Hand Abe how do you like me NOW.
12/18/2007 7:09 AM CST
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EngineerChris wrote:
This is so typical - an election is held, and the LOSERS (that's what they are - LOSERS) whine and cry about racism and DEMAND that they get their way, the will of the people be damned!
12/18/2007 7:40 AM CST
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bluecopper wrote:
Nearly 90 percent of students in the district are black or Hispanic, and about 80 percent come from low-income families.
Well, there you have it!! Enough said. Case thrown out. No merit for lawsuit.
12/18/2007 7:48 AM CST
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TallRolf wrote:
These professional rabble-rousing idiots wouldn't be content unless they were busy complaining about a perceived injustice. Sheila Jackson Lee may be the 18th District representative, and I may reside within her district, but she is not my congresswoman. She fails to represent me. I have no congressional representation. What on earth is she doing, spearheading the charge versus the HISD school bond during the election and maintaining her opposition to it in the aftermath of its passing? She sent her OWN children to expensive private schools! Can you spell H-Y-P-O-C-R-I-S-Y? She is the Webster's Dictionary definition of a hypocrite! Her 18th district is gerrymandered to the extent that it is impossible for her to lose re-election. Take a look at a map of the 18th Congressional District and see for yourself!
12/18/2007 7:59 AM CST
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DrRunner wrote:
Ahem...am I the only one who thinks these people are upset because they did not *their* share of the pie?
12/18/2007 8:02 AM CST
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TigersLady wrote:
I want my childs school torn down and completely rebiult better than any other school in HISD. He is WHITE and he is a MINORITY in HISD. ...... Hmmm.... do you think anyone would listen to me if I sued HISD for discrimination?????
12/18/2007 8:11 AM CST
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Miemaw wrote:
"After the contentious bond election, district officials knew they could face a legal challenge. So three days after the bond passed, the district filed a lawsuit in Travis County asking a judge to validate the election and approve the sale of the bonds.
On Dec. 3, the state court ruled in the district's favor and issued a permanent injunction against any lawsuit questioning the validity of the election. That order calls into question whether the parents' lawsuit, filed in federal court, comes too late."
Wonder why they went to Travis County. We have courts here.
12/18/2007 8:32 AM CST
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NICHOL wrote:
I said to vote "no". And by the way, why does the word "minority" keep popping up, used to describe anyone here who is a full-blooded race of their own country while the "whites" are a mix of nationalities created here in America?
12/18/2007 9:09 AM CST
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Thsbulk wrote:
Whah whah whah........here we go again.
12/18/2007 9:22 AM CST
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lindale77009 wrote:
TallRolf,
You are right about Sheila. I live in the 18th and she does not represent me. She just cares for voters with a certain skin complexion. She needs to get back to work and honor our democratic process. By the way, are school boards trustees not suppose to have a fiduciary duty to the school district they represent? I think power hungry Galloway is neglecting that duty.
12/18/2007 9:45 AM CST
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TransAmer99 wrote:
I found it very telling that in the ramp-up to the election, all the bond referrendums and resolutions were 'guaranteed' not to raise taxes or create new ones. Yet in the legalese on the ballot (I've gotten fairly decent at deciphering them), every last one of them included the caviat 'and levy taxes as necessary to cover expenses associated therewith'. Funny, that sure sounds like raising taxes or creating new ones to me.
Therefore, I voted down every cotton-pickin' one of them. If they cannot be honest at the front-end of the bonds, who in their right mind could trust them later on?
The good news is that HISD cannot touch the money, let alone put it to use as long as there's existing litigation concerning the bonds. And whether or not the suit has 'merit' will be determined by a judge, not by a bunch of HISD attorneys or board trustees.
12/18/2007 11:09 AM CST
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CaseyJones wrote:
The lawsuit alleges the district "consistently provides lower-quality academic programs, equipment, facilities and materials at school facilities located in predominantly minority communities, and particularly at those located in African-American communities
Nearly 90 percent of students in the district are black or Hispanic, and about 80 percent come from low-income families.
Someone please explain to me how 90% black or Hispanic is a Minority?? I would seem that caucasian is the minority in HISD.
12/18/2007 11:14 AM CST
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mangelo wrote:
Here is the truth of the whole matter and what is going on. The churches in black neighborhoods are dropping in membership because of changing demographics and the African Americans in those neighborhoods are getting better educated and moving their families out to other areas of Houston. What that means is that the churches and election officials in those areas have a common vision to keep their people down so they can't leave and they (pastors and elected officials) can stay in power. Keep in mind that the Bonds will build new schools in those districts. Better/New schools bring in more students, more students brings in more money to those schools, more money brings in better programs and attract new families. Plain and simple, New schools and programs mean other people will be moving into the district to attend the new schools and most of them will NOT be African American. Churches will lose membership and the black elected officials will not be re-elected because the demographics will change. (likely Hispanic) The Solution----The Pastors and Black elected officials must keep their people down in order to stay in power and that means keep new schools from being built. That is why they want programs and not new schools. New programs in run down school don't attract outsiders into the neighborhood.
The Bonds were supported by Houston Area Urban League, Houston Citizens Chamber (largest Black Chamber in Houston) State Rep Boris Miles, Lee P Brown, Garnett Coleman, etc..... The Bonds were also supported by every minority school board member including the three African American school board members which were elected by the people to represent them.
12/18/2007 11:24 AM CST
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CaseyJones wrote:
mangelo,
very well put, I never looked at it from that perspective but you make a very good point.
12/18/2007 11:29 AM CST
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smokenmirrors wrote:
It is a shame that the public does not see through Cedillo, Clevenger, Turner, and Lee for what they are doing. They will use anyone and any issue to get their names and pictures in the press. They have found a willing accomplice in the chronicle since the chronicle no longer does investigative reporting. The two Bozo attorneys plowed this same legal ground in Waller during the summer, you would think they would have learned something from that. In early November these attorneys were making public promises of fighting the successful HISD bond the same way. They knew that the only two places HISD could file the bond validation suit was Harris County (county seat of HISD) or Travis County (county seat of the State). So how can they claim that HISD went sneaking off to Travis County? Why could they not watch for board meeting postings at HISD? Why could they not watch court filings at the only two counties? The simple answer is they are not interested in doing the work required to go to battle. They only do enough to get their names and mugs in the media. Shame on them!
12/19/2007 6:45 AM CST
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AP Texas News
Dec. 17, 2007, 5:42PM
Minority families sue Houston school district over bond issue
http://www.chron.com/disp/story.mpl/ap/tx/5385471.html
By LIZ AUSTIN PETERSON Associated Press Writer
© 2007 The Associated Press
Comments (1)
HOUSTON — Three families are suing the Houston school district over an $805 million bond issue, saying the plan for building and renovating schools ignores crucial needs in predominantly minority neighborhoods.
The federal lawsuit filed Friday accuses the nation's seventh-largest school district of discriminating against black, Hispanic and poor students by providing inferior facilities and fewer educational opportunities in predominantly minority areas.
Fifty-one percent of voters approved the bond proposal in November, paving the way for the construction of 24 new schools and the renovation of 138 others all across the city.
The narrow approval came over the protests of several black leaders, who said the plan shortchanged renovations at some predominantly black schools and unfairly targeted others for closure.
Elneita Hutchins-Taylor, the district's general counsel, said the lawsuit's allegations are "absolutely not true." About 90 percent of HISD's students are black or Hispanic, she said, and most of the bond-funded projects will benefit minority students.
Hutchins-Taylor said HISD will ask the court to dismiss the lawsuit based on a state district judge's ruling earlier this month that found the election was legal and valid. The ruling included a permanent injunction against any lawsuit questioning the election's results.
"We feel confident that we can go forward and issue the bonds as the voters asked us to do," Hutchins-Taylor said Monday.
But attorney Ty Clevenger argued in the lawsuit that the ruling violated his clients' constitutional rights to due process and a jury trial.
He criticized the district for seeking the injunction in Austin, rather than in Houston, and for failing to advertise the hearing beyond a notice in two newspapers' legal announcements section.
"It was sneaky to say the very least," said Clevenger, a former attorney with the U.S. Department of Justice's civil rights division who has accused the government of firing him for complaining about his supervisor's behavior. He is now in private practice in Bryan.
Clevenger said he plans to challenge the judge's ruling in state court later this week.
Hutchins-Taylor said the district believes the law is valid and has followed all of its requirements.
The lawsuit seeks to block the district from selling the bonds or inequitably allocating their proceeds. It also asks the court to force HISD to end policies and practices that result in unequal facilities, equipment and programs.
Two of the families who filed the lawsuit are black and one is Hispanic. Five of their seven children are assigned to Key Middle School, which was closed in late September after dozens of staffers and students complained of severe headaches, chest pains, breathing problems and vomiting.
The Centers for Disease Control and Prevention confirmed the presence of mold at the school but did not address whether the mold was unsafe or caused sickness. A CDC expert has said inspectors may never be able to specify the cause of the ailments.
Key students are attending a nearby school while the district works to improve the conditions on their campus. The bond includes $5.7 million for renovations at Key, but the lawsuit seeks its closure and replacement.
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