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


Earlier this summer the Mexican American Studies plaintiffs won a huge victory after a 7-year court battle in federal court against Arizona’s HB2281 which banned the teaching of Ethnic Studies.

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

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

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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