Federal court hearing today to determine remedies after MAS victory against Arizona’s HB2281



Earlier this summer the plaintiffs won a huge victory after a 7-year court battle in federal court against Arizona’s which banned the teaching of .

Federal Judge A. Wallace would determine the remedies at a future point after ruling that ARS 15-112 (HB2281) was unconstitutional. also ruled that the program in Tucson Unified was banned due to the “racial animus” by then state superintendents who was then followed by .

Interestingly, current state superintendent has yet to rescind Huppenthal notice of violations against or her enforcement compliance monitoring of .

In the court documents below, the plaintiffs seek the following remedies:

  • A declaration that ARS § 15-112 is invalid because it was enacted in violation of the First and Fourteenth Amendments.
  • A declaration that the past enforcement of ARS § 15-112 by Defendants – including all prior orders, decisions, restrictions, terminations, threats, and resolutions – violated Plaintiffs’ First and Fourteenth Amendment rights.
  • A declaration that the continued enforcement of ARS § 15-112 by Defendants – including Defendants’ present monitoring of TUSD’s Culturally Relevant Courses to ensure compliance with ARS § 15-112 violates Plaintiffs’ First and Fourteenth Amendment rights.
  • An award of reasonable attorney fees and costs under 42 U.S.C. § 1988(b) and 28 U.S.C. § 1821, in an amount to be determined after the entry of final judgment.
  • A permanent injunction prohibiting Defendants from enforcing, investigating, monitoring, or reviewing any matter pursuant to ARS § 15-112 and prohibiting Defendants from taking any unconstitutional actions against an ethnic studies program.

The hearing will be held today, October 30th 2017 at 9 a.m. at the Tucson Federal Courthouse.


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