Civil trial to start in families' lawsuit over Kansas school's English-only policy

[Harold Schiffman]

Civil trial to start in families' lawsuit over Kansas school's
English-only policy

09:28 PM CDT on Monday, August 11, 2008
Associated Press

WICHITA, Kan. – A lawsuit filed by three Hispanic families against the
Catholic Diocese of Wichita challenging a policy that requires
students to speak only English while at school goes to trial in
federal court Tuesday. "What happened at that school constitutes race
discrimination under federal anti-discrimination laws – that is why it
is important. That needs to be stopped," said Christopher McHugh, the
attorney representing three 12-year-old students named as plaintiffs
in the civil litigation. The lawsuit seeks an end to the policy and
asks for an order barring similar policies at other Catholic schools
in the Wichita diocese.

The plaintiffs are claiming that the policy violates the Civil Rights
Act and another federal statute by intentionally discriminating
against the sixth-grade students and causing a hostile educational
environment. The diocese contended in court filings that the
English-only rule is not discriminatory and did not cause a hostile
environment. It contends the rule was implemented at St. Anne Catholic
School as a legitimate response to inappropriate behavior by a few
middle school students.

"This case is about a matter of discipline," Jay Fowler, the attorney
representing the Catholic Diocese said Monday. "Catholic schools
embrace all cultures." The lawsuit also seeks the return of one
student to the school who was allegedly kicked out for refusing to
sign the "English only" pledge. And it asks for court and attorney
costs and unspecified damages for discrimination and emotional
suffering. "We have seen it tried in public schools before," McHugh
said. "The problem public schools have is that it is a First Amendment
issue – so public schools haven't been very successful."

Fowler said this case is not a First Amendment issue.

"This is not a case that implicates constitutional or statutory
rights, as no court has recognized a right to speak a foreign language
at school," the defendants said in court documents.

The lawsuit was filed by parents Mike and Clara Silva, Maria and
Fermin Fernandez, and Guadalupe Cruz-Tello on behalf of their minor
children. It names as defendants St. Anne Catholic School, Principal
Margaret Nugent, St. Anne Catholic Parish and the Catholic Diocese of
Wichita.

Seven children – all but one under the age of 12 – will testify at the
trial before U.S. District Judge J. Thomas Marten, McHugh said. All,
except for one student who was subpoenaed, are voluntarily testifying.

McHugh said the students involved were emotionally distraught – crying
at night, not wanting to go to school, some even getting sick because
they were so upset.

"They are very young, very nervous, very frightened about the whole
thing," McHugh said. "We actually took them over to the courthouse and
to the courtroom last week so they can sit in the witness chair and
have a microphone in front of them and sort of get an idea of what
this is going to be like. It is very, very frightening for them."

http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/081208dnnatenglishonly.3a50ad6.html

-- 
**************************************
N.b.: Listing on the lgpolicy-list is merely intended as a service to
its members
and implies neither approval, confirmation nor agreement by the owner
or sponsor of
the list as to the veracity of a message's contents. Members who
disagree with a
message are encouraged to post a rebuttal. (H. Schiffman, Moderator)
*******************************************