Mexican American Studies legal defense goes national

by David Safier

According to a Media Release from Save Ethnic Studies, two law professors from Seattle University School of Law, Robert Chang and Anjana Malhotra, have joined local lawyer Richard Martinez in the fight to preserve Mexican American Studies by declaring the Arizona law targeting MAS unconstitutional. Also joining the case is Sujal Shah in the San Francisco office of Bingham McCutchen. Sujal Shah grew up in Tucson and went to Canyon Del Oro High School.

Chang and Malhotra have been assisting on the case since January, 2012 along with some of their students.

Chang, who with Malhotra launched a new civil rights clinic this winter, states, "This important case fits with Seattle University's social justice mission and advances the legacy of Fred Korematsu, who fought in our courts during World War II against the injustice of Japanese American internment. The Tucson students are fighting in the courts against the injustice of a law that has discriminatorily targeted them."

Sujal Shah joined the case last month and credits his Tucson roots for his interest in the case. He's joined by four other lawyers from Bingham McCutchen.

Shah comments, "As someone who attended high school in Tucson, this case hits close to home. We need to ensure that our education policy is dictated by what's best for the students, not discrimination. Bingham has long been committed to fighting discrimination through its pro bono efforts, and is proud to work alongside plaintiffs and co-counsel to overturn HB 2811." Joining Shah on the Bingham team are John Reese, Kristen Palumbo, Karen Lu, and Marcelo Quiñones.

Read the whole Media release below the fold.

For immediate release, July 12, 2012

Legal team fighting to preserve ethnic studies in Tucson, Arizona, grows in force; files complaint with U.S. Department of Justice.

Robert S. Chang and Anjana Malhotra of the Fred T. Korematsu Center for Law and Equality at Seattle University School of Law and a team of lawyers at Bingham McCutchen led by Sujal J. Shah have joined Richard M. Martinez as attorneys for the plaintiffs seeking to have declared unconstitutional the Arizona statute that has led to the elimination of Tucson's Mexican American Studies Program and the removal of books from its classrooms.

Since October 2010, Richard M. Martinez has represented a group of teachers and students of Tucson Unified School District (TUSD) in their legal struggle against HB 2281's attack on TUSD's Mexican American Studies (MAS) Program. HB 2281, passed in the same session as SB 1070 and signed into law by Governor Jan Brewer, has been used to target a highly successful ethnic studies program that had a proven record of promoting educational achievement.

Robert Chang and Anjana Malhotra, with students from Seattle University Law School's Ronald Peterson Law Clinic, have been assisting on the case since January 2012. Chang, who with Malhotra launched a new civil rights clinic this winter, states, "This important case fits with Seattle University's social justice mission and advances the legacy of Fred Korematsu, who fought in our courts during World War II against the injustice of Japanese American internment. The Tucson students are fighting in the courts against the injustice of a law that has discriminatorily targeted them."

Sujal Shah, who grew up in Tucson and attended Canyon Del Oro High School, now works in the San Francisco office of Bingham McCutchen. Shah and Bingham joined the effort last month. Shah comments, "As someone who attended high school in Tucson, this case hits close to home. We need to ensure that our education policy is dictated by what's best for the students, not discrimination. Bingham has long been committed to fighting discrimination through its pro bono efforts, and is proud to work alongside plaintiffs and co-counsel to overturn HB 2811." Joining Shah on the Bingham team are John Reese, Kristen Palumbo, Karen Lu, and Marcelo Quiñones.

Richard Martinez adds, "The growing legal team reflects the national importance of this issue – it is not just a Tucson or an Arizona or a Mexican American issue. The suppression of ideas and the discriminatory restriction on the perspectives we make available to our students is of paramount importance if we are to remain true to our finest democratic ideals. The importance of this issue led us to file a complaint last week with the U.S. Department of Justice."

Malhotra notes, "We have asked the Department of Justice to intervene because HB 2281 may, like SB 1070, invite copycat legislation that will have a chilling effect on curricular innovation and programs to promote educational equity. In addition, the involvement of the Department of Justice might help bring about a quicker resolution, which is especially important with TUSD students returning to school on August 2."
A motion for summary judgment is currently before Judge A. Wallace Tashima.