San Diego Parents Challenge
Busing of Their Children,
in Carlin v. Board of Education,
as Intervenors in this Class Action

the Wakefield Initiative, enacted November 7, 1972.... I want to put in the vote, to show the vote in San Diego County. I think it goes to the issue of white flight, along with the other evidence which shows this long, deep, and continuing opposition to mandatory assignments. Of course, we ultimately hope to argue the point made by Professors Berger, Kalodner, and others, that the Court should not be — to order mandatory busing is [a] violation of the separation-of-powers provisions of the State and Federal Constitutions....

THE COURT: The Court will sustain the objection....

MR. ENSTROM: Exhibit 3 is the vote on Proposition 1, the constitution (sic) amendment [to] the California Constitution, enacted November 6, 1979.

THE COURT: Well, the objection again will be sustained on the grounds of irrelevance.... [Exhibit] Six is the declaration from Mr. Lester, which I have read.... And I will sustain the objection there, too, on the ground it is irrelevant ....

MR. ENSTROM: But it is offered for a number of different purposes, your Honor.

THE COURT: If you wish to speak further to it, I of course will listen to you.

MR. ENSTROM: For instance, Paragraph 1, I seek to establish is (sic) standing to raise these matters as a registered voter and taxpayer.

THE COURT: That was stipulated to, wasn't it? Isn't that part of your stipulation? I thought it was. That is my recollection. I don't think anyone questions it....

MR. ENSTROM: [Paragraph] Number 8 shows the gathering of these 22,000 signatures, which goes to the white-flight effort (sic). Evidence of white flight. That a person (sic) would feel so strongly about this that they would gather that many signatures and present them to their congressman for such action as he could take. I think that is evidence bearing on that issue.

MRS. ROESER: If the Court is considering admitting those, I would like to speak to that and cite cases, of which there are many, showing those are not the type of considerations the Court may take into account.
 

Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 

— Handbook: Challenge Two, pages 33 - 43 —