Liberate Public Schools
from Government by Lawsuit  /  Phase One
  
28
Pro Bono Publico Representation
of Busing Dissenters in
Carlin v. Board of Education:
a San Diego "Desegregation" Class Action
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democratic objections of the majority of parents speaking through their school board, their entity Bustop, Inc., and their vote for Proposition 1. Additionally, enforceability was more effectively assured by the contempt power of the judge than if such a reassignment had come about legislatively, because an alleged violation would be heard by the same judge who issued the order. (See Busing — Opposed, Chapter 1.)

That order was particularly far-reaching, showing the need for considering our objections such as we attempted to raise in San Bernardino as friends of the Court, in addition to those raised by the Los Angeles Board, to its lack of a legal basis. Two of the paragraphs in that 88-page order provide examples of its commands to parents and school board members:

Page 75: “All students in grades 1 through 9 are and shall be available for mandatory reassignment (under the guidelines) for the purposes of desegregation commencing 1980-1981....

Page 77: “To provide ready access to information as to its efforts and to aid the monitoring of the court, the board is directed to construct a file for each student (“Kid File”), centrally located and easily accessible, containing the same basic information as now contained in that child's file (showing their race) which is kept at the various schools of his attendance.”

Crawford v. Board of Education, Superior Court No. C-822,854 (May 19, 1980). The Los Angeles Daily Journal Report, No. 80-10 (pp.75,77).

On October 21, 1980, the staff of the San Diego Board proposed a mandatory busing plan for the next largest school district in California. This followed a September 8 memorandum by the Carlin judge questioning whether the voluntary plan was meeting the Crawford I requirements. The Groundswell persons, of course, were also facing the success of the Carlin Plaintiffs' ACLU-affiliated counsel in Los Angeles, and their continuing determination to press for busing in San Diego by overturning any limitation to it posed by Proposition 1. Accordingly, every legal effort, necessarily by intervention, must be made to prevent it.

Facing a difficult situation, I gleaned hope from the following concernNext
 


Crawford Crawford v. Board of Education of the City of Los Angeles,
Los Angeles Superior Court No. 822,854 (1963-1981)
Los Angeles, California
  
Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Crawford I   Crawford v. Board of Education, 17 Cal.3d 280 (1976)
[related to BustopBoard of Ed., etc.]
Los Angeles, California
 
  N.A.A.C.P. v. San Bernardino Unified Sch. Dist., Superior Court No. 155286 (1979)
San Bernardino, California
 
Crawford II Crawford v. Board of Education, 113 Cal.App.3d 633 (1980)
Los Angeles, California 
  
  Liberate: Phase 1, pages 21 - 29 — Previous Next
  

Liberate Public Schools
from Government by Lawsuit

A Long Pro Bono Struggle
Against Racially Balancing Public School Students
in a Thirty-Year Lawsuit
by Elmer Enstrom, Jr.
  
Contents
A chronological presentation of the 30-year Carlin affirmative action lawsuit:
a legal battle to reassert the "separation of powers" concept
of a republican form of government embodied in our Constitution.
  
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