Tuesday, November 15, 2011
According to a press release from Save Ethnic Studies today, Richard Martinez, attorney for the TUSD ethnic studies teachers suing the state on the constitutionality of the state's anti-ethnic studies law, filed a preliminary injunction motion yesterday asking the court to halt "further enforcement action under HB 2281 against the Tucson Unified School District. If granted, Superintendent Huppenthal would be prohibited from imposing any sanction on the Tucson Unified School District."
The Motion for Preliminary Injunction asks the court to enter an order enjoining Superintendent Huppenthal from proceeding with his enforcement action pursuant to A.R.S. §§15-112 and 41-1092 et seq. because it violates the plaintiffs' constitutional rights.
Superintendent Huppenthal has ignored his own retained experts, who as reported in the Cambium Audit Report, found that TUSD's Mexican American Studies program did NOT violate HB 2281. On June 15, 2011, Superintendent Huppenthal issued his own Finding that alleged violations and is now seeking to force the closure of the TUSD's Mexican American Studies program.
The plaintiffs filed their initial lawsuit in Federal District Court on October 18, 2010. HB 2281 seeks to ban the teaching of Mexican American Studies in TUSD. HB 2281 became effective on December 31, 2011.
Here's a copy of the motion and its attached exhibits: