GEORGIANA PRESKAR, In Pro Se
9064 Shetland Court
Elk Grove, California 95624
TERI LAWRENCE, In Pro Se
11318 Franklin Blvd.
Elk Grove, California 95757
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GEORGIANA PRESKAR, et al, ) Civil Action No.
) PLAINTIFFSâ€™ GEORGIANA PRESKAR
vs. ) AND TERI LAWRENCEâ€™S OPPOSITION ) TO FEDERAL DEFENDANTSâ€™ MOTION
THE UNITED STATES OF ) TO DISMISS FIRST AMENDED
AMERICA, et al, ) COMPLAINT
Defendants. ) Date: October 17, 2007
) Time: 10:00 a.m.
) Courtroom: 25 (8th floor)
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GENERAL RESPONSE TO MOTION TO DISMISS
Plaintiffs Georgiana Preskar and Teri Lawrence (hereinafter â€œPlaintiffsâ€) respond to the Federal Defendantsâ€™ Motion to Dismiss First Amended Complaint as follows:
I. GENERAL RESPONSE TO SUMMARY OF MOTION
Plaintiffsâ€™ First Amended Complaint includes a short and plain statement of the grounds upon which the courtâ€™s jurisdiction depends beginning on page 4, line 7.
Plaintiffsâ€™ First Amended Complaint states a claim against the U. S. Department of Education, the Secretary of Education, and the Congress of the United States beginning on page 9, line 20.
Plaintiffs have established that they have standing to assert a claim [First Amended Complaint, page 12].
Plaintiffs do allege a discrete agency action that Federal Defendants are failing to take in their First Amended Complaint. See allegations nos. 28 through 36 (beginning on page 9), and further allegations nos. 67 through 81 (beginning on page 23).
Plaintiffs do have a private right of action against the U. S. Department of Education and the Secretary of Education.
Therefore, Plaintiffsâ€™ First Amended Complaint should not be dismissed.
II. GENERAL RESPONSE TO LEGAL STANDARD
Plaintiffs did, in their First Amended Complaint, very plainly state a claim upon which relief can be granted. Defendants fail or refuse to acknowledge this. The entire First Amended Complaint addresses discrimination that is currently taking place in diversity, tolerance and multicultural education required by Defendants (the â€œclaimâ€), and the relief that can be granted is very simple: inclusion in diversity, tolerance and multicultural education which would end the discrimination [First Amended Complaint, pages 28 and 29].
Plaintiffs did amend their first Complaint, and Plaintiffs pray that the Court finds their First Amended Complaint easily understandable and sufficient. Plaintiffsâ€™ First Amended Complaint should not be dismissed.
III. GENERAL RESPONSE TO ARGUMENT
A. Plaintiffs First Amended Complaint Does Contain a Short and Plain Statement of Jurisdiction. Plaintiffsâ€™ First Amended Complaint states jurisdiction and venue, in a short and plain statement, on pages 4, 5 and 6. Plaintiffs are not asking the Court to supervise California schools. We are asking them to declare that discriminations alleged in the Complaint (which will be proved if the Court allows the merits of this Complaint to be heard), must stop. The U. S. Department of Education and Secretary of Education have the power, right and ability to withhold federal funds, or by whatever other means it deems appropriate, to end the discrimination alleged in this Complaint. The U. S. Department of Education and Secretary of Education have always and still do use funding appropriations to enforce federal law and regulation in education. The relief sought is not out of the ordinary. Plaintiffsâ€™ First Amended Complaint should not be dismissed.
B. Plaintiffsâ€™ First Amended Complaint Does State a Claim against the Secretary of Education and the U. S. Department of Education. The Secretary of Education and the U. S. Department of Education do have a duty to perform under the Administrative Procedures Act. It is in their power and control, and it is in their duty, to insure that schools receiving federal funding comply with federal laws and regulations. Plaintiffsâ€™ First Amended Complaint should not be dismissed.
C. Plaintiffsâ€™ First Amended Complaint Does Allege a Claim against Congress. Plaintiffs begin allegations on page 9 of their First Amended Complaint. The term â€œUnited States of Americaâ€ means and does include the Congress of the United States. Jurisdiction and Venue begins on page 4 of their First Amended Complaint, and Subject Matter Jurisdiction begins on page 6 of their First Amended Complaint. Plaintiffsâ€™ First Amended Complaint does allege claims against the Congress of the United States, and should not be dismissed.
D. Plaintiffs Do Have Standing. Plaintiff Lawrence did remove her child from public school, but he is still in high school and of high school age. Plaintiff Lawrence must at all times maintain her childâ€™s best interests, and keeping him enrolled in public school just to make certain she had standing is impossible. This does not eliminate standing, as he is and has been eligible for public school attendance, and would be attending public school if this discrimination were not occurring.
Plaintiff Preskar is not currently working within the public school district, but she is still eligible to do so. She could not endure the stress and emotional trauma just to maintain a certain standing, and the fact that she would be teaching if this discrimination were not occurring does give her standing. Plaintiffsâ€™ First Amended Complaint should not be dismissed.
E. Plaintiffs Have Alleged a Discrete Agency Action that the U. S. Department of Education is failing to Take. The U. S. Department of Education is required to disburse funding to states for various purposes in the public education system. They have the power and authority to withhold funds if a state allows or actively participates in illegal activity. The U. S. Department of Education has neglected to withhold funding, and has failed in any other way to enforce, or penalize, the State of California for allowing unlawful discrimination in the public schools in California.
F. Plaintiffs Do Have a Private Right of Action. Plaintiffs do have a private right of action against the federal Defendants. To proceed directly against the recipients of federal funds has become too burdensome for citizens of the United States. This direct procession has become too numerous, and is burdening the courts with too many complaints. This Complaint, in federal court is asking for declaratory and regulatory relief that could put an end to the civil actions that are currently going on all across California, and the entire nation.
FURTHER RESPONSE AND OPPOSITION
Plaintiffs further respond as follows:
Confirmed Complaints for Established Patterns of: Denials and Violations of Constitutional and Civil Rights, Negligence and Mismanagement to Stop the Same, and Willful Discrimination; and Petition for Injunctive and Regulatory Reliefs.
The Plaintiffs and Petitioners, Georgiana Preskar and Teri Lawrence, in direct support of all such complaints and petitions now and hereby made before this Court, allege, state, and submit the following:
I. INTRODUCTION AND NATURE OF THE CASE
This Civil Rights case is based on civil rights of law, common law, and equity. The purpose is to restore the rights of Plaintiffs that are secured under federal law in order to restore numerous unalienable rights guaranteed under the United States Constitution and various Amendments to the Constitution. Plaintiffs share the common questions of law and fact. Every person is denied his or her civil rights secured by the Constitution and statute laws of the United States. People of European descent, Judeo-Christian faith, American heritage, or those who speak â€œclosely held personal beliefsâ€ that are contrary to â€œdiversity thinkingâ€ are excluded from â€œdiversity statusâ€ and denied civil rights guaranteed by the Constitution and law.
Plaintiffs Georgiana Preskar and Teri Lawrence share the care and concern of the principles that made this nation great. This includes the basic concept from the Declaration that â€œAll men are created equal.â€ Plaintiffs are injured because of the denial of their civil rights, and seek relief under the Constitution. Both Plaintiffs Preskar and Lawrence have used appropriate means, from years 2002-2006, to seek relief from the proper federal, state, and school authorities before seeking this lawsuit. The interest in seeking regulatory and/or injunctive relief is appropriate.
The Plaintiffs will exercise their right to develop this case in more specifics. United States v. Sity of Redwood City, 640 F.2d. 963,966 (9th Cir. 1981).
II. BACKGROUND OF CASE
In 2002, Plaintiff Georgiana Preskar (mother, homemaker, registered nurse, sociologist, substitute school teacher, real estate agent, and Director of Eagle Forum of Sacramento) applied to the Elk Grove Unified School District for a substitute school teacher position. Both of her children had attended public schools and the Plaintiff looked forward to teaching in the district. Her application was accepted and Plaintiff Georgiana Preskar began attending some of the educational seminars. She noticed a strange school attitude toward any person that thought differently than what she came to know as â€œdiversity thinking.â€ This concept holds that all ideas, values, morals, ethics, lifestyles, religion, and closely held personal beliefs (viewpoints) are equal, and people who think contrary, are not equal.
Common sense told the Plaintiff that diversity speaks for itself; within its very definition it means varied, assorted, and different. Because someone enters school grounds, they are not deprived of their right to free speech. Students have a constitutional right to freedom of speech. Tinker v. Des Moines Community School District, 393 U.S. 503 (1969). The Elk Grove Unified School District environment was clear on â€œdiversity thinking;â€ people within the schools could express diversity concepts, but not individual thought that differed from it. The Plaintiff heard derogatory words used to describe people who were expressing their closely held personal beliefs if they differed from â€œdiversity thinkingâ€. People were judged and if they did not meet the diversity criteria; they were labeled with words such as â€œhateful,â€ â€œpolitically incorrect,â€ â€œhomophobic,â€ and â€œxenophobicâ€ and then categorized unfit for â€œdiversity status.â€
It became apparent that diversity education was working to set up a â€œchangeâ€ of mind, but not a tolerance of all people. In West Virginia Board of Education v. Barnette, 319 U.S. at 640-641, the Court held that studentsâ€™ liberty of conscience could not be infringed in the name of â€œnational unityâ€ or â€œpatriotism.â€ If oneâ€™s mind could not be infringed upon for national unity or patriotism, how could it be infringed upon for diversity? Yet, there was an undeclared rule that to be â€œincluded,â€ teachers, administrators, and students had to adhere to a diversity way of thinking and expressing themselves in order to be accepted.
The Plaintiff realized that she was not an asset to diversity and did not fit in because she held some contrary beliefs to diversity thinking. The Declaration of Independence states that all men are created equal. It does not state that all ideas, values, morals, ethics, lifestyles, religions, and personal beliefs are equal. In fact, America prides itself on the individual, and his or her uniqueness, all the while securing the equality of the individual to have liberty of mind and be able to express it through our Constitutional rights.
Any departure from absolute regimentation may cause trouble. Any variation from the majorityâ€™s opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk. Terminielolo v. Chicago, 337 U.S. 1 (1949)
Plaintiff Preskarâ€™s children had attended the schools. Never was classification of race, religion, or national heritage an issue. All races were treated with respect. When incidents of dispute occurred in the schools, it was handled according to common sense laws, as well as those set in school and state law. When attending school functions the atmosphere was good, violence was rare. Plaintiff Preskar began to realize that frequently she was reading of violence within the Elk Grove Unified School District. Diversity was instituted to rid schools of violence. The district had never had excess problems in this area. Though the school district had no compelling racial issues, they chose to introduce diversity education into the district for the students, teachers, staff, and administrators.
Plaintiff Preskar felt during school functions that she had to continually apologize for being â€œwhite.â€ Yet, the Plaintiff had done nothing wrong. Plaintiff Preskar had a knot in her stomach every time â€œwhite privilegeâ€ topics arose. Her father had worked in the Steel Mills in Chicago. He never had a college education. Working long and hard hours with people of all color, he taught his children the value of hard work. He also taught Plaintiff Preskar to respect all people, no matter the race.
It made the Plaintiff sick to hear â€œwhite privilegeâ€ thrown around with no respect for the people who have sacrificed long hours at jobs, trainings, or education to have success. Yet, â€œwhite privilegeâ€ believers accuse people of European descent of unfairly gaining success because of their skin color. Many diversity programs shun the principle of â€œhard workâ€ as being only a â€œwhiteâ€ notion and not of significance. Plaintiff Preskar found it difficult to focus when the school environment was permeated with discrimination toward the color of her skin. A new discrimination had arisen and it was white discrimination. No longer was the Plaintiff supposed to be proud of her race. There was shame, blame, and guilt put upon the white race for past mistakes of our ancestors that were of European descent. The â€œbadâ€ things were magnified, while the â€œgoodâ€ things were ignored.
It was not only race that Plaintiff Preskar noticed was at issue, but also her country. Plaintiff Preskar believes firmly in the Judeo-Christian principles that formed this nation. These principles, embedded in the Declaration of Independence and Constitution, are the principles that give men equality in their rights to freedom. Because she holds strong patriotic beliefs about the formation of this nation, she is not of diversity status. Because of her patriotism and Judeo-Christian beliefs, the Plaintiff would not and does not give equal value to all ideas, values, morals, ethics, lifestyles, and religions.
As a result, she was not treated equally because she was not adhering to diversity thinking. Plaintiff Preskar is an individual and various factors contributed to the formation of her belief system. Her uniqueness in thought and belief, however, was not accepted, for it was not â€œdiversity thinking.â€ If she stated her viewpoint that was contrary to the â€œdiversity one,â€ which excluded hers, she immediately knew from reactions that she was out of line with diversity thinking. She began to notice that this was happening to others within the school environment. Even if the statement of opinion is said in respect, the contrary person is looked upon in a hostile manner. Teachers, administrators, and students who do not believe diversity principles are silenced by verbal assault, harassment, intimidation of job loss, and stereotyping.
Plaintiff Preskar found that people of Judeo-Christian faith, European descent, American heritage, and those with â€œclosely held personal beliefsâ€ that were contrary to diversity thinking, were being silenced. Plaintiff Preskar had to remind herself that this is not Hitler Germany, or a Middle Eastern Madrasas, but the United States of America. Other teachers and community members were very upset and endured physical, mental, and financial chaos because of loss of their freedoms to a â€œdiversity thinkingâ€ that was forced on everyone. What had happened to their government that was supposed to secure their freedoms? At the heart of the Constitution’s guarantee of equal protection lies the simple command that the Government must treat citizens â€œas individuals, not `as simply components of a racial, religious, sexual or national class.â€™â€ Arizona Governing Committee v. Norris, 463 U.S. 1073, 1083 (1983).
In 2002, Plaintiff Georgiana Preskar met Plaintiff Teri Lawrence (mother, homemaker, microbiologist, real estate agent, and Education Director of Eagle Forum of Sacramento). Plaintiff Lawrence had similar concerns over the education of her son and was experiencing the same losses of liberty. Plaintiff Lawrence knew there was an enforced agenda to teach the children beliefs that were contrary to many parentsâ€™ values and morals and â€œclosely held personal beliefs.â€ She also knew this was against the Constitutional protection of parentsâ€™ liberty to raise their children according to their own standards. Parents and guardians do have the right to direct the upbringing and education of children. Meyer v. Nebraska 262 U.S. 390 (1923).
When Plaintiff Teri Lawrenceâ€™s son, Bryce Crump, was in 7th grade at Toby Johnson Middle School in Elk Grove, California, (he is currently entering 12th grade), he came home one day after school and began talking about an assembly they had earlier that week at school. He talked how there was this â€œgay black dudeâ€, (Michael Fowlin) who was doing all these funny skits about rape, ethnicity, and about being gay. Upon further questioning, it was revealed that Michael Fowlin had told the assembly that if the guys preferred to play basketball and hang out with the boys instead of the girls, it was ok. It could mean they were gay. This is actually in direct contrast to most homosexual males, who usually have mostly girls as friends during high school. The Plaintiffâ€™s son wondered if he was gay because he liked to play basketball with his friends after school. Michael Fowlin told these young students that it was ok to be gay, if they are they were born that way. He also asked for a show of hands for â€œall the straight guysâ€ in the audience. Most children at this age will not raise their hand, and by default, tells them they are not â€œstraightâ€.
Plaintiff Lawrenceâ€™s son was asking if he was gay because he liked to play basketball with his friends after school. This simple question began turmoil in this family unit. Homosexuality goes against Plaintiff Lawrenceâ€™s closely held personal beliefs and her religious beliefs, and gives her son contradicting messages between home teaching and government teaching. There is no doubt that the â€œborn-that-wayâ€ theory is simply that, an unconfirmed theory, and it is wrong to teach such a fact, as truth, that is not scientifically sound. Due Process Clause of the Fourteenth Amendment protects the fundamental rights of parents and the liberty to own oneâ€™s own thoughts without intrusion into the privacy of thought. The speaker asked questions that denied the students their liberty of thought and privacy enacted through the Ninth Amendment. Griswold v. Connecticut 381 U.S. 479 (1965).
Becoming very concerned, Plaintiff Lawrence contacted the school and gave them a list of â€œclosely held personal beliefsâ€ and informed the school that her child must be excluded from any program or education class that was attempting to indoctrinate her child in a contrary opinion. At this point, on an almost weekly basis, Bryce was sent to the library during a diversity class called Advocacy. He was sometimes harassed by the librarian because he did not always have the correct library pass from his teacher, and sometimes he was left to wander the halls until the next class began. On one occasion he was actually made to attend on-campus-suspension, which is where students are sent for punishment.
Plaintiff Lawrence and her son were discriminated against because the diversity of his viewpoint was never shared in the classroom. It was found that the Advocacy program had never gone through the curriculum review board in the school district. The curriculum did not include in its diversity traditional beliefs, some of them being Judeo-Christian beliefs.
Plaintiff Teri Lawrence became concerned that this lack of content meant that other content was replacing traditional education in all of his classrooms. She did investigate the material and found the program to be unacceptable for her child. If this philosophy had permeated other classes, how could she take her son out of all of his classes? But to allow him into it was a big concern and this became the priority of her thinking. In Lynch V. Donnelly, 456 U.S. 668,669 (1984), the Supreme Court said the following:
â€œOur history is pervaded by official acknowledgment of the role of religion in American life, and equally pervasive is evidence of accommodation of all faiths and all forms of religious expression and hostility toward none.â€
She noticed that it was not just religion, but American heritage that was eliminated in favor of others. The Plaintiffs son had a required reading book that encouraged and sympathized with illegal immigration, with the immigration border patrol being the â€œbad guysâ€, and the illegal aliens being â€œforcedâ€ to purchase illegal social security cards and driverâ€™s licenses. This goes against Plaintiff Lawrenceâ€™s â€œclosely held personal beliefsâ€ of American heritage being respected, which includes following the laws of the land.
Most of the classes infiltrated a particular â€œdiversity thinkingâ€ that did not include the Lawrence familyâ€™s closely held beliefs. Her son was not treated equally, because he was classified into a group that was unacceptable for diversity status. But his ideas must be a part of diversity or else it is not true to its intent. Instead the school was trying to change the teachings his parents gave him. In Meyer v. Nebraska 1923, the Supreme Court emphasized that the state cannot interfere with the right of a parent to control his childâ€™s education. The Court states that the right to educate oneâ€™s child as one chooses is guaranteed in the Bill of Rights and applicable to the States by the First Amendment, and the Fourteenth Amendment substantive due process law. The right to privacy was held as a fundamental right under Griswold v. Connecticut, 381 U.S. 479, (1965) at 486, and the Ninth Amendment.
It was a hardship for the family to see their son deprived of the liberty of being an equal human being with others. The laws of civil rights were not working for him; discrimination against national heritage and religion soon brought the reality that his liberties as an equal human being were denied him due to being classified as unfit for â€œdiversity status.â€ Plaintiff Lawrenceâ€™s liberty of parenthood was deprived her, even though it is protected by law and tradition. â€œThe history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition”; Quilloin v. Walcott, 434 U.S. 246, 255, 54 L. Ed. 2d 511, 98 S. Ct. 549 (1978).
Plaintiff Lawrence began to review the â€œdiversity thinkingâ€ that would be taught her son at Franklin High School, the high school her son would soon be attending. She discovered that the white privilege doctrine was being taught. Plaintiff Lawrenceâ€™s ancestors came to America as white Norwegian slaves in the 1600â€™s, and worked on plantations along with black slaves for many, many years. Plaintiff suffered great distress in learning that her son would be taught that he only has the things his parents, grandparents, and great-grandparents worked very hard for, because his skin was white. Plaintiff Lawrence knows the value of hard work.
Plaintiff Lawrenceâ€™s sonâ€™s diverse viewpoints were never shared in classrooms that were supposed to be diverse. This had an effect on Plaintiff Lawrence and she was not able to concentrate at work. Physical stress began to affect her body. The discrimination toward her son was affecting the family balance. Her religious and patriotic beliefs that she instilled in her son were not only being neglected and excluded, but also mocked and denigrated without equal protection of law afforded others in the school. The school environment was hostile toward students who dared to express ideas, values, morals, ethics, religions and â€œclosely held personal beliefsâ€ that were not in line with diversity thinking. Yet, Plaintiff Lawrenceâ€™s son was supposed to accept other â€œclosely held personal beliefsâ€ that were deemed an asset to diversity.
Plaintiff Lawrence became more and more upset about schooling dictating a form of belief, diversity thinking, that was not in line with her teachings of her son. She was losing control over her parental rights according to the Supreme Court. â€œIn subsequent cases also, we have recognized the fundamental right of parents to make decisions concerning the care, custody, and control of their childrenâ€¦â€Wisconsin v. Yoder, 406 U.S. 205, 232, 32 L. Ed. 2d 15, 92 S. Ct. 1526 (1972)
In 2004, Plaintiff Teri Lawrence knew she could not send her son to a government school. After Bryce completed junior high in government schools, Plaintiff Lawrence chose to place him in private school. She was experiencing psychological and physical trauma on a daily basis. Withdrawing her son from the government school was at great expense and inconvenience. The school is 15 miles from Plaintiffâ€™s home and, in traffic, takes almost an hour round trip in the morning and almost an hour round trip in the afternoon. Plaintiff Teri Lawrence ended up quitting her job as a Public Health Microbiologist, and one of the deciding factors was the transportation factor. Her son is still in a private school.
In the same year as Plaintiff Lawrence withdrew her son, Plaintiff Georgiana Preskar decided that she could not teach in the Elk Grove Unified School District. The intimidating atmosphere did not allow the Plaintiff freedom of expression. Plaintiff Preskar began to r realize that her pursuit of happiness was being suppressed. There was a politically correct atmosphere that had taken over the school environment. The Plaintiffâ€™s physical and mental anguish was increasing, and though she looked forward to financial success through teaching (she had been a full time homemaker), she knew she could not work in the Elk Grove Unified School District, or any district that required diversity education, or encourages discrimination toward particular classes of people.
Both Plaintiffs experienced injury and are still experiencing injury. At the initial onset, neither understood why. By chance, a diversity education program called Seeking Educational Equity and Diversity (SEED) surfaced. It took four years to discover its intent and content. In those four years, people continued to express similar injuries. Citizens everywhere were upset by the public education system that no longer benefited the many that trusted it for generations. Concerns grew as to the effect diversity was having upon the children in the classrooms. Keyishian v. Board of Regents, 385 U.S. 589 (1967) noted that â€œthe First Amendment does not tolerate laws that cast a pall of orthodoxy over the classroom.â€
In 2003, the Day of Silence took place in the Elk Grove Unified School District, as well as nationwide, in some junior and high schools. The day gives honor to homosexuals who are perpetrated as victims in our society because of their lifestyle. Homosexual students, and those who support them, hand out information at booths before, during, and after school. The students, who sign up as participants, are allowed to remain silent in the classroom. They do not have to contribute in class and they wear badges telling why they are silent. Thus, students who may not agree with the lifestyle are submitted to this philosophy in the confines of a classroom. Lee v. Weisman, 505 U.S. (1992) states that â€œeven subtle pressure diminishes the right of each individual to choose voluntarily what to believe.â€
Because of community concerns over diversity issues, especially in the classroom, four women, including Plaintiff Preskar, passed out flyers concerning a meeting about the Day of Silence, 2003. The flyers were passed out on public sidewalks at two Elk Grove high schools. While peacefully walking, 20-30 of Laguna Creek High Schoolâ€™s homosexual students aggressively confronted the women by mocking, shouting, ripping literature from their hands, and replacing it with a yellow sheet that they gave to those around the Plaintiffs. The students said things like, â€œWeâ€™re going to go home tonight and sodomize all night long,â€ or â€œI can understand why people kill other people,â€ while they walked within inches of the womenâ€™s back. They laughed at the women and continued to pursue them no matter where they walked. Their behavior became more aggressive as time passed. The level of energy increased. The women saw and experienced actions and expressions of aggression that included ripping material from their hands, pushing other students out of reach of receiving the information, and jumping in front of students so they could not direct them to the school office.
It was apparent that the diversity education of students and even teachers was not working. The students said and made it clear to the women that they felt the women had â€œno right to distribute their information to anyone because it disagreed with their lifestyle and was hateful.â€ â€œThe dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would be a barren marketplace of ideas that had only sellers, and no buyers.â€ Lamont v. Postmaster General, 381 U.S. 301, 308 (1965).
No teachers came to the womenâ€™s aid though they were standing along the building. The incident lasted approximately half an hour. Eventually their numbers dwindled. What remained were four bewildered women with their shredded flyers lying next to the yellow homosexual bill of rights. Obviously time and effort went into the production of their flyers, as did the incredible way these teens used intimidating techniques. This was not diversity, but a direct assault on equality of man to express their personally held beliefs even if contrary to â€œdiversity status.â€ The incident left an indelible mark on the women.
There was no justice carried out for this awful injustice. The perpetrators denied it happened, and so did the school officials. No wonder the school environment felt unsafe. It was unsafe. Plaintiff Preskar was now assured that something deeper was involved in diversity education and decided to investigate the SEED diversity program that was meeting the federal and state requirements in the district for diversity education. She also found out that it was not only in Elk Grove, but also in Sacramento and San Juan school districts, and across America in 33 states. In talking with people nationwide and in California, Plaintiffs Preskar and Lawrence found that many of the nationwide programs classified people into different groups. The classifications, sorted as to European descent, Judeo-Christian faith, American heritage, and people who hold contrary viewpoints to diversity, were excluded from â€œdiversity status.â€
III. SEED DIVERSITY PROGRAM
SEED began 20 years ago. It is a multi-cultural pedagogic curriculum and institutional change program. The SEED Seminars have been used in 33 US States, some being New Jersey, Minnesota, Illinois, Florida, California, and Massachusetts over the past 20 years, as well as Buenos Aires, Hong Kong, Jakarta, Kuala Lumpur, Manila, Singapore, Taipei, Tokyo, Toronto, Vancouver, and Dar Es Salaam. Many of these seminars continue for years.
Teachers, parents, and students attend training seminars to become facilitators. The cost to train is $3000.00 per facilitator. The school must pay another $1000.00 per seminar for tools used in the school district SEED education program.
Once a teacher, parent, or student signs up for the class and begins the sessions, they find out it is far different than anticipated. Many thought they were going to learn about other cultures. Instead, secrecy prevails behind closed doors. The subject matter is quite different than they anticipated. The exchange of ideas is private and personal, never to leave the confines of the room. No one outside the group can attend in order to observe the classes. Over 20 methodologies are used in trainings, as well as over 75 video tapes, abundant books and literature, and over 1500 hand-out sheets that teachers are encouraged to use in the classroom.
SEED merges information pertaining to other cultures with a harmful political and social agenda to change the minds of those attending. Using various methods, the Wheel of Oppression a predominate one; attendees eventually are worn down and won over to new thought patterns by the power of group acceptance.
Once a teacherâ€™s new mentality is established, they are encouraged to include SEED information in their classroom curriculum. In Elk Grove California there is a class called Making SEED Principles the Foundation of Standard Based Curriculum. The intent of the class is to transform the thinking of the people attending to a form of thinking that is of â€œdiversity statusâ€ quality. Then the teachers bring â€œdiversity thinkingâ€ into the classroom. The purpose is evident from viewing the educational materials as to the intent to change the minds of the students.
In Engel v. Vitale 370 U.S. 421 (1962), the Court is clear that government, nor schools, can require students to recite prayers, for it is against the First Amendment Establishment Clause. One point made is that when children are reciting prayer, it is difficult for some children to not take part because the group pressure outweighs the parental influence while in school. Plaintiffs found schools that actually encourage students to sign tolerance pledges that are inconsistent with parental teachings. Tolerance is not well defined, but in most diversity classes it means a total acceptance and respect of othersâ€™ ideas, values, morals, ethics, lifestyles and religions as equal. People are trained in this philosophy.
The very training that teaches tolerance is in itself discriminatory, for the programs do not follow tolerance toward certain groups. Many programs use â€œWhite Privilegeâ€ classes, â€œHomophobia 101â€ classes, â€œThe Wheel of Oppressionâ€ charts, and â€œanti-Americanâ€ hand-outs. The Wheel of Oppression singles out the White, Male, Heterosexual, Rich, Able-Bodied as being in the oppressor group; this automatically classifies all others as the oppressed group.
Many diversity programs promote victim status for minority groups. They divide Americans into only two classifications of people: the oppressors and the oppressed. Those in a minority group are the oppressed. The oppressors are those who, by virtue of their numbers alone, find themselves in the majority. This division creates a growing category of isms: racism, sexism, classism, heterosexism, etc. Females are deemed oppressed, by the oppressor who is male. The homosexuals are encouraged to view themselves as a sexual minority that is oppressed by a heterosexist society. People of color become automatic victims because of their skin color. People with white skin are stereotyped as oppressors. By creating ever-growing categories of oppressors and oppressed, diversity programs nurture unhealthy, cynical attitudes, cultivating more and more categories of victims looking for someone to blame.
Some seminars include the following: White Privilege, Wheel of Oppression, The Vagina Monologue, Immigration and Language, Sexuality, Tools to Teach Tolerance, Heteronormality, Religion, Teens for Tolerance, Color Fear Workshop, Itâ€™s Elementary, Classism Cross-Over, Cycle of Oppression, Policy and Law, and many others.
â€œWhite privilegeâ€ is a philosophy growing fast in America. Through White Privilege conferences held regularly in nationwide university classes, White Privilege diversity education, or by inviting speakers to an educational facility or place of business, the orthodoxy is spreading shame, blame, and guilt for being white skin color. The attendees have a right to attend these seminars. However, if the intent is to return to the classroom and carry these principles into the curriculum, than this is out of line with our Constitutional rights; â€œâ€¦comprehensive authorityâ€¦of school officials, must be exercised consistent with fundamental constitutional safeguards.â€ Tinker v. Des Moines School District, 393 U.S. at 507.
One teacher, who attended the program, states the following:
â€œThere is no recognition that some issues are controversial
and therefore should have both sides of the issue presented.
Not only are dissenting viewpoints regarding homosexuality
not included in SEED materials, they are actively suppressed. Although SEEDâ€™s rules of conduct say â€œrespect all voices,â€ speaking up with a conservative, traditional voice is often met
with intimidation, interruption, correction and reprimand and methods of harassment and discrimination are used to silence opposition.â€
Once teachers have undergone â€œpersonal transformationsâ€ of their views of America, other cultures, and homosexuality, they are encouraged by the SEED leaders to transform their own curriculum with the carefully selected, SEED-approved material. As the curriculum gradually shapes the views of K-12 students, SEED trainers move closer to the goal of what the founder calls â€œsocial change.â€
According to SEED, social change will occur after â€œSEEDed educatorsâ€ (as they are described) have fully transformed their curriculum in all K-12 subjects to reflect all areas of diversity including sexual diversity.
Another man fighting this program in New Jersey stated the following:
â€œThe very type of stereotyping we fought against on the
Civil-rights lines is now the basis of SEEDâ€™s educational
policy. What we fought against was the assumption that race
or ethnicity or sex determined character, cognition and ability.
And now we find something like the SEED program arguing
that they do. SEED believes that excellence is a dangerous
concept, and competition in classrooms can be hurtful.â€
Here are but a few of the quotes that are included in handouts teachers are encouraged to use in the classroom.
â€œU.S. people, especially White people, have trouble seeing systemically. Consider White individualist ideology.
Consider U.S. education. Consider capitalist values.â€
â€œWe know the litany of dominants: white people, males,
Christians, heterosexuals, able-bodied people, those in their
middle years, and those who are middle or upper class.â€
â€œBecoming a boy or a girl for most people required a lot of
training and repetition and warning. One was not automatically, easily, or naturally a boy or girl, but needed to have oneâ€™s
gender socially constructed, artificially channeled.â€
An interview with the Founder of SEED, Peggy McIntosh, shows clearly that SEED does not uphold the American ideals of individuality, goal setting, and the work ethic. Plus, it is apparent that global citizenship is a priority over sovereignty. The Court upholds the individuality of man. At the heart of the Constitution’s guarantee of equal protection lies the simple command that the Government must treat citizens â€œas individuals, not â€˜as simply components of a racial, religious, sexual or national class.â€™â€ Arizona Governing Committee v. Norris, 463 U.S. 1073, 1083 (1983). Peggy McIntosh, founder of SEED, states the following:
â€œSEED seminars from the beginning countered the U.S. ideology that the only unit of society is the individual, and that whatever one ends up with is what one wanted, worked for, earned, and deserved. From the beginning SEED seminars acknowledged the existence of systems of power working both within our psyches and in the U.S. society outside of us. But at the beginning, 18 years ago, we were not thinking in terms of helping students or teachers to be global citizens.â€
She also stated the following in reference to how fast the SEED program is growing:
â€œWhere does The SEED Project sit in the map of national school reform? Though it never advertises, it has also become the nationâ€™s largest K-12 faculty development project and the one most directed toward teacher renewal in new scholarship and teaching methods.â€
How do children understand how to sort out this type of education? How does a young child sort out the fact that he or she is not oppressed because of the color of their skin, when they are taught that they are oppressed? How confusing for children at young ages to hear about homosexuality (slipped into the curriculum) from someone other than his or her parents. The Court in Bellotti v. Baird 443 U.S. 622, 635 (1979) noted
â€œduring the formative years of childhood and adolescence,
minors often lack the experience, perspective, and judgment
to recognize and avoid choices that could be detrimental to them.â€
This type of coercive education has a long-term effect on community relationships, and an effect on every white person and/or person of color who knows about this chart. Many times children will not talk about this with their parents and the family is jeopardized by education that is subversive to the well being of one of their members. Many people of color have worked hard to bring their families into the American dream, yet their children are being told that they are oppressed and the white person is oppressing them. Chief Justice John G. Roberts, Jr., in a recent landmark Supreme Court case stated, â€œThe way to stop discrimination on the basis of race is to stop discriminating on the basis of race.â€ Parents Involved In Community Schools v. Seattle School Dist. No.I (Nos. 05-908 and 05-915) No. 05-908, 426 F. 3d 1162; No. 05-915, 416 F. 3d 513 (2007) White Privilege is archaic and not good for our country.
In the years 2002 through 2006, Plaintiffs Georgiana Preskar and Teri Lawrence listened attentively as people related their stories of stress that went above the normal levels of daily stress. They related that it had to do with diversity education and diversity thinking that was forced upon them in the schools and the workplace; some were denied liberty of mind and thought for if they did speak their â€œclosely held personal beliefs,â€ their viewpoint was discriminated against and they were ostracized from diversity acceptance.
Individual thoughts are not welcome that differ from the group. Some parents experienced rebellious teenagers because of diversity education that taught their children concepts far different than the ones taught at home. Traditional beliefs are thrown out of diversity education and not seen as an asset to diversity. Some teens stray from religious beliefs because of education days such as Day of Silence. Some people had to quit their teaching positions because they were discriminated against within the school system. Many had to remove their children and grandchildren from government schools due to being classified as unfit for diversity status.
The more the Plaintiffs researched, the more they connected with people at meetings, conferences, or just in conversing with others that made them realize there were huge numbers of people and families that had been seriously injured psychologically and financially by enforced diversity education. People across America are affected by classifications that are putting them in an unfavorable position.
In the past four years, 2002-2006, the Plaintiffs did the following to remedy injuries:
IV. ACTIONS TO STOP DIVERSITY CLASSIFICATION
A. SCHOOL DISTRICT:
1. Plaintiffs Preskar and Lawrence notified the two Elk Grove school district superintendents of their concerns about this diversity program. Plaintiffs Preskar and Lawrence did this by meetings, letters, and faxes. Plaintiffs had ample evidence to show support of their concerns. No action was taken. In fact, the present Superintendent informed the Plaintiffs that SEED would remain in the district because it is a diversity program and all things do hold equal value.
2. Plaintiffs gathered information, through appropriate channels, to support the truth of diversity education that is classifying people into groups, dependent on their race, faith, heritage, and closely held personal beliefs.
3. Plaintiffs went to the principals of the schools to tell them about the program and its dangers. Few knew about the program or its details. When the principals found out they were not interested in it or knowing about it. They ignored the Plaintiffs also. They made it clear that they had to â€œwatch their position or lose it.â€ Diversity has become a new culture in the schools.
4. The Plaintiffs attended school board meetings and revealed the diversity program subject matter and their concerns. School Board Members laughed at the Plaintiffs and told them that it was a loving program and met the criteria for diversity. In fact they humiliated them at one meeting and said, â€œYou do not know what you are talking about.â€ â€œWe will explain it all to you later.â€
At another school board meeting, the school board showed great concern that the district was experiencing a large amount of violence. Diversity programs were instituted to make the schools more peaceful. SEED had thousands of teachers attend and incorporate the principles into the classroom, but school violence was worse than when diversity education was not a part of the district. These facts did not matter to the school board. They never took the discrimination in SEED seriously. The Plaintiffs continued to be ignored. Now the recent school board president and another board member say that they â€œâ€¦wished SEED never came to Elk Grove because it caused damage to the educational system. However, it is too late to do anything about it for so many teachers have gone through it, approximately 2000-3000, and it is a part of the district thinking.â€
5. Plaintiffs talked with school board members one on one. Though school board members always agreed with the Plaintiffs, they would do nothing to rid the school of SEED because its force was too great and they did not want to make â€œwaves.â€
6. Plaintiffs did notify the Lodi School District about SEED when the board was considering it as a diversity program in their district. Many people also wrote letters to the school board. As a result they did not initiate it in the district. However, the district is considering another diversity program that is similar to the SEED program.
7. Plaintiffs were able to remove the silence in the classrooms on The Day of Silence. With the aid of two lawyers, who wrote letters as to the legality of this action in the classroom, the silence was not allowed, for it was coercive of other students who could not leave the classroom. The silence was stopped in 2003, but it is reported that some teachers and schools allow the silence in the classrooms.
1. The SEED diversity program is extensive throughout America. It is in over 33 states. Plaintiffs knew that it was crucial to give this information to the Federal Department of Education. After Plaintiffs Preskar and Lawrence wrote a letter to Margaret Spellings and put out an alert to many citizens to fax or write her letters, Plaintiffs Preskar and Lawrence eventually received notice that they were to meet her Eastern representative, Mary Pearson. The Plaintiffs met with Mary Pearson in San Francisco. The Plaintiffs were very clear on the SEED diversity curriculum, how it was being introduced, its clear intent to alter childrenâ€™s and adultsâ€™ thinking, the extensiveness of it nationwide, and how it had affected not only the Plaintiffs, but also the entire school district. There was a neutral attitude toward what we presented.
Mary Pearson told the Plaintiffs that she would forward the packet of information to Margaret Spellings. The Plaintiffs were told that their concerns would be forwarded to the Civil Rights Section of the government to be examined. It took a fair amount of time, but eventually the Plaintiffs received a phone call from the Office of Civil Rights (OCR). The gentleman asked Plaintiff Preskar her concerns. It appeared that he had no information and that was why he questioned the Plaintiff. The Plaintiff clearly explained the situation. The representative told the Plaintiff that there was nothing that could be done to give relief. His explanation was that an incident had to be racially specific and particular to a child before the department could become involved. He in no way indicated that the Plaintiff could pursue it any further. He said that the Civil Rights Department had nothing to do with any state curriculum. The Plaintiff wanted to set up a meeting, so she could present some factual evidence. The representative said that would not be necessary; there was nothing they could for the Plaintiffs. Whenever the â€œWhite Privilegeâ€ issue was brought up, the representative brushed quickly past it and did not want to talk about it. The Plaintiffs never heard from the Eastern District office in San Francisco, or Margaret Spellings, Secretary of Education.
2. Plaintiffs continued to fax Margaret Spellingâ€™s office and congressmen about discriminatory diversity programs in states that were accepting federal money for educational programs. Many people faxed and wrote them letters with their concerns. The Plaintiffs continued to remind them that federal funding must stop if the states are not complying with the ruling of the Civil Rights Act of 1964. The Plaintiffs heard from no one at the federal level about discrimination against their civil rights and the harm it is causing individuals nationwide that is ultimately affecting family, community, and the United States of America. The Plaintiffs concerns were neglected. Plaintiffs knew that they could not find relief for job loss, nor return a child to the government schools until diversity classification ended, and they were included in diversity.
1. Plaintiffs went to legislators and told them about the program. Many responded with the fact that there was little they could do to make any change, stop enforcement of it, or include the ignored classification in diversity programs through legislation. The legislators chose to ignore the Plaintiffs pleas of injustice and the episodes of negligence in interpretations of the law. Diversity programs continued to abuse the rights of adults and children in the school with public officials made aware of the discrimination taking place daily in the public schools.
2. Plaintiffs addressed the issue of The Day of Silence that allowed coercion of students in the classroom. The legislators were not interested and ignored Plaintiff Teri Lawrence, and the content of diversity programs that denied her the liberty of parenting to choose to educate her son in moral values that are contrary to a particular form of diversity thinking.
3. Plaintiffs continued to work in legislation to amend Education Code 51530, as follows, to include socialism and humanism. The Plaintiffs visited many offices seeking a legislator to present this Amendment. Each time the Amendment was presented to a legislator, the Plaintiffs clearly brought the fact that diversity education encouraged humanism and socialism, as well as communism. Plaintiff Preskar is not able to work in the California school system due to the state enforcement of diversity education that does not grant her security of the protections of the Constitution and Education codes.
Recommended Amendment to Education Code 51530: (Italics are amended sections):
51530. No teacher giving instruction in any school, or on any property belonging to any agencies included in the public school system, shall advocate or teach communism, socialism or humanism, with the intent to indoctrinate, (or to) inculcate, or transform in the mind of any pupil or teacher a preference for communism, socialism or humanism.
In prohibiting the advocacy or teaching of communism, socialism or humanism with the intent of indoctrinating, (or) inculcating, or transforming a preference in the mind of any pupil or teacher for such doctrines, the Legislature does not intend to prevent the teaching of the facts about communism, socialism or humanism. Rather, the Legislature intends to prevent the advocacy of, or inculcation and indoctrination into, communism, socialism or humanism as is hereinafter defined, for the purpose of undermining patriotism for, and the belief in, the government and the Constitution of the United States and of this state.
For the purposes of this section, communism is a political theory that the presently existing form of government in the United States or of this state should be changed, by force, violence, or other unconstitutional means, to a totalitarian dictatorship which is based on the principles of communism as expounded by Marx, Lenin, and Stalin.
For the purposes of this section, socialism is a political theory that the presently existing form of government in the United States or of this state should be changed, by force, violence, or other unconstitutional means, to a global system of society that will replace capitalism, and is based upon the common ownership expounded by Marx, and democratic control of the means and instruments for producing and distributing wealth by and in the interest, or common good, of the whole community.
For purposes of this section, humanism is a political theory that the presently existing form of government in the United States or of this state should be changed, by force, violence, or other unconstitutional means, to a humanist society, that shares the same worldview in regards to oppression, expounded by Marx, world order, government, and moral values that are based on a set of ideals, the Humanist Manifesto, and set up to meet particular personal and social needs for the common good.
State and federal funding will be denied and withdrawn from local school districts that disregard this Education Code.
The legislators would not amend this bill to add our specific concerns. Eventually, Assemblyman Mountjoy asked the Plaintiffs to add socialism and humanism to his amendment that included homosexuality to amend Education Code 51530. Though we had the evidence regarding indoctrination programs, including the abuses of Education Code 51530, the Education Committee ignored the Amendment and the Plaintiffs. SEEDâ€™s curriculum is indicative of communism, driven by Marxist principles. The intent to transform students is stated in the mission statement. To make this change, the program uses the oppressor and the oppressed to make the common good of the group more important than the individual. Shared wealth becomes a priority.
Not only did the Education Committee vote out the Amendment, but they also silenced the hearing by refusing to allow the hearing to be open to the public over televised screening, which is protocol. This is against the California State Constitution that states in Article I (b) (1) that the people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.
Plaintiffs met with many legislators with concerns that something was either deficient in the laws, or there was negligence in making or interpreting them. Plaintiffs attempted to meet with Superintendent of Public Schools, Jack Oâ€™Connell, but he never responded. His office signed for the letter, so he did receive Plaintiffsâ€™ information.
Plaintiffs made every attempt to inform people in the state department about denied rights of the Plaintiffs and other citizens. The Plaintiffs were ignored repeatedly. Diversity was enforced, but it was not upheld according to the State Constitution, statutes, and codes of education.
The Plaintiffs knew that after four years, diversity education, with discriminatory educational materials and methodologies, was spreading fast; without people knowing or understanding it, little could be done to stop it. The numbers of people affected were growing and they were seeking relief from this injustice. Thus the Plaintiffs decided to file a class action lawsuit for regulatory and injunctive relief.
Plaintiffs Georgiana Preskar and Teri Lawrence hold standing as citizens of the United States and residents of California. Plaintiff Preskar is a California substitute schoolteacher, and Plaintiff Teri Lawrence is a parent of a child who attended government schools. Plaintiffs have, and continue to experience, financial loss, physical duress, and psychological trauma from denial and negligence of their civil rights under Constitutional and statute law. The Plaintiffs seek to redress their deprivation through (28 U.S.C. 1343 (3) under color of rights and privileges secured under the Constitution of the United States, providing equal rights of all people within the jurisdiction of the United States. The Plaintiffs seek recovery on the grounds that defendants violated the civil rights of the Plaintiffs under the First, Ninth, and Fourteenth Amendments to the Constitution. In Katter vs. Ohio Employment Relations Board, U.S. District Court, Southern District of Ohio, Eastern Division, Case No. 2:07-CV-43, Judge Gregory L. Frost found that a discrete injury, violating the Plaintiffâ€™s First and Fourteenth Amendment rights, created a standing. The discrete injury occurred when Plaintiffâ€™s closely held personal beliefs were infringed upon. The Plaintiffs in this case seek not to dismiss this case, via the Motion to Dismiss, requested by the defendants.
VI. FURTHER DISCUSSION AND OPPOSITION
A. SUBJECT MATTER JURISDICTION:
1. Plaintiffs claim subject matter jurisdiction through the authority and supplemental jurisdiction vested in this Court, 28 U.S.C. Section 1331. This enabling statute for federal question jurisdiction, endows the district courts with subject-matter jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States.
2. Plaintiffs claim subject matter jurisdiction based on the Constitution, in Article III, section 2, which empowers federal courts to adjudicate â€œall Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made â€¦ under their Authority.â€ The â€œarising underâ€ language in Article III has been historically interpreted in an expansive manner. In Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824), Chief Justice John Marshall held that a case satisfies Article III’s â€œarising underâ€ requirement whenever federal law â€œforms an ingredient of the original cause.â€ In applying this rule, the Court held that Congress may constitutionally create federal court jurisdiction whenever a federal law is a potential ingredient of a case.
3. Plaintiffs claim jurisdiction based on 42 U.S.C. Section 1983. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redressâ€¦â€ with force of law, even if that custom is not applied statewide. Plaintiffs may bring an action under Section 1983 if their rights privileges or immunities secured by federal statutory law were violated. In Maine v. Thiboutot, 448 U.S. 1, 100 S.Ct. 2502 (1980), The Supreme Court held that the Section 1983 broadly included violations of federal statutory law as well as federal constitutional law.
4. The Plaintiffs have the First Amendment to the U.S. Constitution as a constitutional reason for bringing this case to Federal Court. â€œThe right of the people . . . to petition the Government for a redress of grievancesâ€ is a First Amendment guarantee. The right to petition is a guarantee of this Amendment and offers us freedom of expression. In United States v. Cruikshank, 92 U.S. 542 (1876), the Court stated that the right to petition is contained in â€œthe very idea of government, republican in form. Id., at 552. James Madison debated about the proposed Amendment and stated that people “may communicate their will” through direct petitions to the legislature and government officials. Annals of Cong. 738 (1789).
5. The First Amendment is applied to state action under the umbrella of the Fourteenth Amendment. Plaintiffs Georgiana Preskar and Teri Lawrence respectfully present our grievances for redress.
6. In Katter vs. Ohio Employment Relations Board, U.S. District Court, Southern District of Ohio, Eastern Division, Case No. 2:07-CV-43, Judge Gregory L. Frost found that a discrete injury, violating the Plaintiffâ€™s First and Fourteenth Amendment rights, created a standing. The discrete injury occurred when Plaintiffâ€™s closely held personal beliefs were infringed upon.
Plaintiffs faced an actual injury and a discrete injury and continue to face it. The laws in place to secure the Plaintiffsâ€™ civil rights are appropriate. Americaâ€™s law is based on the Constitution and statutes. However, these laws will do nothing if they are not enforced, or if there is negligence, or if the law is interpreted differently than its intent. Clarification sometimes is needed, in a form of regulatory relief, so that we do not return to the days when classification of people was based on the color of their skin, religion, and heritage. Federal courts have the power for a nationwide injunction to stop diversity discrimination in schools that use classification status to separate students and teachers by race, religion, heritage, and viewpoint that denies persons of European descent, Judeo-Christian faith, and American heritage from equal protection of the law by excluding them from diversity inclusion.
Classifications automatically impose inequalities on particular classes by claiming some are not an asset to diversity, thus not â€œdiversity status.â€ â€œEqual protection of the laws is not achieved through indiscriminate imposition of inequalities.â€ Sweatt v. Painter, 339 U.S. 629, 635 (1950) (quoting Shelley v. Kraemer, 334 U.S. 1, 22 (1948)).
It is within constitutional traditions of our country that laws are enacted that are central to the rule of law and to the Constitutional guarantee of equal protection and due process. As citizens and legal residents of the United States of America we hold the government to the principle that it will remain open to those who seek assistance when denied their freedoms.
The Court has specified in Lujan v. Defenders of Wildlife three elements must be satisfied for a case. (1) a party must be facing an actual or imminent injury rather than a hypothetical injury (â€œinjury in factâ€); (2) the complaint of conduct must have caused the alleged injury (â€œcausal connectionâ€); and (3) it must still be possible to provide some remedy to that injury by a favorable court decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560â€“61 (1992).
Plaintiffs faced, and still are facing, financial loss, physical duress, and psychological trauma. The three elements to satisfy this case are present: (1) The exclusion of Plaintiffs from diversity status, due to discrimination by classification and negligence of the law, (2) Denial of equal protection of law is the cause of the Plaintiffs injuries, and (3) A favorable simple court decision to give Plaintiffs relief by inclusion of specified classifications into â€œdiversity statusâ€ would alleviate financial loss and physical duress and psychological trauma, thus restoring the Plaintiffsâ€™ rights.
B. CAUSE OF ACTION
Plaintiffs based their cause of action on state and federal law that guarantees them due process and equal protection of law. Neglect of these laws by named defendants has caused denial of Plaintiffs civil rights by inadequately providing instruction in California education programs, due to discriminatory diversity training and education. The Court held that a cityâ€™s policy of inadequate training was so deficient so as to constitute a “deliberate indifference” to its citizensâ€™ rights and thus a “deprivation” of constitutional rights. City of Canton, Ohio v. Harris, 489 U.S. 378 (1989).
42 U.S.C. Section 1983 creates a cause of action where there has been injury, under color of state law, to the person or to the constitutional or federal statutory rights which emanate from or are guaranteed to the person. In the broad sense, every cause of action under 1983 which is well-founded results from â€˜personal injuries.â€™â€ Almond v. Kent, 459 F.2d 200, 204 (1972).
In Harlow v. Fitzgerald 457 U.S. 800, 102 S. Ct. 2727 (1982) the Court noted that state and local officials are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Plaintiffs are looking to enact their cause of action on denial and neglect of Civil Rights, federal and state statues, and federal and state Constitutions. The legal rules were â€œclearly establishedâ€ at the time of the defendantsâ€™ actions. The Plaintiffs are aware that the defendants are or should be intelligent bodies, which have reasonable awareness of the atmosphere of government schools. It is apparent and obvious that people of Judeo-Christian faith, European descent, National heritage, and contrary viewpoints to discrimination are not given equal protection of law or due process of law. This is an obvious issue and is in the news daily throughout California, as well as nationwide. The intent is clear in diversity education to alter the minds of teachers and staff, evidence is plentiful on this, and encourage teachers to alter the minds of students in the classroom through oppression, victimization, and white privilege orthodoxy.
Plaintiffsâ€™ injuries are caused by actions that are based on neglect and denial of federal and state constitutional and statute law.
VII. DEVELOPING CASE SPECIFICS
Plaintiff Georgiana Preskar, not able to work as a substitute school teacher, and Plaintiff Teri Lawrence, not able to educate her son in a government school, in good standing, claim financial loss, physical duress, and psychological trauma due to classifications of European descent, Judeo-Christian religion, and American heritage, that are not deemed an asset to â€œdiversity.â€ Plaintiffs liberty of mind, liberty of equality, liberty of pursuit of happiness, liberty of parenting, and freedom to express closely held personal beliefs (viewpoint) secured by Title IV, Title VI, Title IX statutes, state and federal laws and codes, and Constitutional rights afforded under the First, Ninth, and Fourteenth Amendments have been denied by named parties.
In good faith, Plaintiffs have used all means to achieve relief before seeking relief through the courts for the equal protection and due process that our society has always accorded in the past. By classification of people into particular groups that are not of â€œdiversity status,â€ Plaintiffs are automatically attributed characteristics, based on their classification, and then denied access into diversity status. Justice Anthony M. Kennedy writes that schools could use â€œmechanismsâ€ that take race into account, but not one that â€œtells each student he or she is to be defined by race.â€ Parents Involved In Community Schools v. Seattle School Dist. No. 1 (Nos. 05-908 and 05-915)No. 05â€“908, 426 F. 3d 1162; No. 05â€“915, 416 F. 3d 513. Classifications, which are defined with certain attributes, denies the long time societal principle of equality of men as stated in the Declaration of Independence, which has always been accepted as American tradition.
Defendants request that Plaintiffs civil action be dismissed due to lack of a claim on which relief can be brought. â€œThe purpose of a motion to dismiss under Rule 12(b)(6) is to test the formal sufficiency of the statement of the claim for relief;â€¦â€ Wright & Miller, Federal Practice & Procedure, vol. 5A, Section 1356.
The court is bound to give the plaintiffs the benefit of reasonable inferences from the simply pleaded allegations of the original complaints. Retail Clerks Intâ€™l Assâ€™n v. Schermerhorn, 373 U.S. 746, 753 n.6 (1963). The Plaintiffsâ€™ simply pleaded allegations were based on the liberal pleading standard of Federal Rule of Civil Procedure 8(a)(2), which requires only â€œa short and plain statement of the claim showing that the pleader is entitled to relief.â€ The Plaintiffs used a legal construction called notice pleading that allows a simple notice of grievances and leaves the details until later in the case. It is less technical, but does require a short, plain statement, one of which shows that the pleader or pleaders are entitle to relief. (FRCP 8(a) (2)). The Plaintiffs, in notice pleading, do not face dismissal for lack of exact legal terms if the claim itself is legally actionable. â€œâ€¦we do not apply any â€œheightenedâ€ pleading standard, nor do we seek to broaden the scope of Federal Rule of Civil Procedure 9, which can only be accomplished â€œâ€˜by the process of amending the Federal Rules, and not by judicial interpretation.â€™ â€ Swierkiewicz v. Sorema N. A., 534 U. S. 506, 515 (2002).
Plaintiffs chose to use notice pleading, but did mention federal and state codes and statutes whose common subject matter is civil rights. These codes and statutes indicate schools shall create and/or provide environments free of discriminatory attitudes and practices. Plaintiffs planned and still do plan to plead the â€œultimateâ€ facts and/or specifics of allegations in the future of the case. The Plaintiffs did mention all the laws, statutes, and codes, thus acting in the interest of equity.
Not only are the defendants to accept all the allegations in the complaint as true, but also they must convince the Court that â€œit is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.â€ Swierkiewicz, supra, 2002 U.S. Lexis 1374 at *14 (quoting Hishon v. King & Spaulding, 467 U.S. 69, 73 (1984)). The Plaintiffs find that the defendants have no grounds to dismiss this case based on factual evidence or claims on which relief can be granted stated in our complaint.
Justice William O. Douglas, and Justice Goldberg, in Griswold v. Connecticut, 381 U.S. 479, (1965) at 486, found a penumbra for â€œprivacyâ€ in the Ninth Amendment: â€œThe enumeration of the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.â€ The two Justices assert that â€œspecific guarantees in the Bill of Rights have penumbras formed by the emanations from those guarantees that give them life and substance.â€ A right to liberty is guaranteed in the Fourteenth Amendment.
The Plaintiffs seek one basic relief and that is to be included in diversity status in good standing through the defendantsâ€™ compliance with federal and state Constitutions and statutes. The relief sought can meet the relief necessary for the Plaintiffs claims of denial of rights, with subsequent injuries. This one relief would meet all the claims below. Classification should not make a difference in Plaintiffsâ€™ admission to â€œdiversity statusâ€. In Brown v. Board of Education, the Court required school districts â€œto achieve a system of determining admission to the public schools on a nonracial basis.â€ Brown v. Board of Education, 349 U. S. 294 Pp. 28â€“41.
The Plaintiffsâ€™ relief, to be included in â€œdiversity status,â€ is a simple one. At the heart of the Constitutionâ€™s guarantee of equal protection lies the simple command that the Government must treat citizens â€œas individuals, not â€˜as simply components of a racial, religious, sexual or national class.â€™â€ Arizona Governing Committee v. Norris, 463 U.S. 1073, 1083 (1983).
VIII. CLAIM FOR RELIEF
1. Plaintiffs allege that the federal laws, state statutes, California state educations codes regarding civil rights and diversity that are required for Kindergarten through grade 12 and postsecondary education needs regulatory relief. Plaintiffs have not asked for diversity education to be discontinued, but only stopped in school districts using it, until equal status is given to those classifications deemed not â€œdiversity status,â€ thereby, giving the Plaintiffs the civil rights to be a part of diversity. In a recent Supreme Court decision in June, 2007 in Parents Involved In Community Schools v. Seattle School Dist. No. 1 (Nos. 05-908 and 05-915) No. 05â€“908, 426 F. 3d 1162; No. 05â€“915, 416 F. 3d 513., Justice Anthony M. Kennedy states that â€œdiversity is, in itself, a legitimate goal for school systems.â€ Plaintiffs never asked for federal or state rewriting of education curriculum, or for diversity education to stop. Plaintiffs ask only to be included in â€œdiversity status.â€
2. Classifications in school environments cause animosity between students, teachers, and administers. This hostile environment makes it unsafe for a person to express a viewpoint that is not deemed appropriate for diversity classification. Government action dividing people by race is inherently suspect because such classifications promote â€œnotions of racial inferiority and lead to a politics of racial hostility,â€ Richmond v. J.A. Croson Co., 488 U.S. 469 (1989).
3. The lack of regulatory attention to diversity education gives approval of â€œdiversity statusâ€ and classifications that injure, oppress, and threaten the security of liberty of mind, parenting, equality, pursuit of happiness and expression of personally held beliefs and viewpoints under the First, Ninth, and Fourteenth Amendments. Chief Justice John Roberts, Jr., stated: â€œThe heart of the Constitutionâ€™s guarantee of equal protection lays the simple command that the Government must treat citizens as individuals, not as simply components of a racial, religious, sexual or national class.â€ Parents Involved In Community Schools v. Seattle School Dist. No. 1 (Nos. 05-908 and 05-915) No. 05â€“908, 426 F. 3d 1162; No. 05â€“915, 416 F. 3d 513.
4. Because of required diversity education and its methodology and curriculum used for classification, such as White Privilege, the Wheel of Oppression, Classicism, anti-American and anti-Judeo-Christian religion, and Victimization theories; citizen and family Constitutional rights, school and community environments, national security, American patriotism, and mental states of individuals are being affected negatively, causing psychological trauma, denial of citizens rights, and financial hardships. The Court states: â€œWe have also acknowledged that public schools are vitally important â€œin the preparation of individuals for participation as citizensâ€, and as vehicles for â€œinculcating democratic political system.â€ Ambach v. Norwick, 441 U.S. 68, 76-77 (1979).
5. Diversity principles give permission to â€œtransformâ€ anotherâ€™s â€œclosely held personal beliefsâ€ into beliefs deemed of â€œdiversity status.â€ This violates Constitutional rights, as well as the federal and state statutes and education codes. West Virginia Board of Education v, Barnette 319 U.S. at 642 stated: â€œIf there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. â€¦If there are any circumstances which permit an exception, they do not now occur to us.â€
6. Officials notified of denial of our rights, through civil rights violations, neglected the Plaintiffs claims and denied them security of Constitutional rights. One may surmise that the â€œsilence in actionâ€ is every bit as incriminating of discrimination, as to write the law to do so.
7. Because federal and state departments of education, as well as officials representing them, and congressman and legislators have denied Plaintiffsâ€™ protections offered by statutes and codes, Plaintiffs seek relief from ongoing financial loss as well as physical duress and psychological trauma under our First, Ninth, and Fourteenth Amendment rights.
IX. CLAIMS AGAINST DEFENDANTS
Plaintiffs come to federal court because they exhausted avenues to find relief through other means. 42 U.S.C. Section 1983 creates a private right of action for the Plaintiffs to redress deprivations under color of state law of any federal rights, privileges or immunities. The Supreme Court stated the purpose of section 1983 was â€œto interpose the federal courts between the States and the people, as guardians of the peopleâ€™s federal rightsâ€“to protect the people from unconstitutional action under color of state law, â€˜whether that action be executive, legislative, or judicial.â€™â€ (Mitchum v. Foster (1972) 407 U.S. 225, 242.).
Section 1983 does not create the substantive legal rights. The statute is the legal instrument used to justify rights protected by the federal constitution. Thus, the major purpose of Section 1983 is to provide a tangible legal remedy, in the form of an injunction, which is enforceable in the federal courts, for the violation of constitutional rights by government, government officials, administrators, and employees. An aggrieved party must meet the requirements of Section 1983 and demonstrate the underlying constitutional violation.
The discriminatory methodology used in classification for â€œdiversity statusâ€ is in violation of Constitutional and statute law. These violations are ongoing across America and not only affect people now, but it affects every citizen in the future of his or her civil rights.
The Plaintiffs know the material and have evidence of the â€œintentâ€ to change the minds of students through curriculum being taught in the classrooms. This is a serious threat to our freedoms and that of our nationâ€™s history and its future. The â€œintentâ€ to transform the minds of children in the classroom, and adults through diversity education, is a serious threat to the security of Americaâ€™s future. In Schenck v. United States, 249 U.S. 47 (1919), Justice Holmes, in the opinion’s most famous passage, states the â€œclear and present dangerâ€ standard:
â€œThe question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.â€
It took the Plaintiffs four years of hard work to uncover the curriculum and the methodology used in diversity education programs. The Supreme Court frowns upon the use of â€œclassificationâ€ status to separate people into race, heritage, and religion. Chief Justice John Roberts, Jr., stated, â€œOther means besides race considerations should be used to achieve diversity in schools.â€ Parents Involved In Community Schools v. Seattle School Dist. No. 1 (Nos. 05-908 and 05-915) No. 05â€“908, 426 F. 3d 1162; No. 05â€“915, 416 F. 3d 513. The Court also frowns upon infringing on the freedom of mind by incorporating a set orthodoxy such as â€œdiversity status.â€ â€œTo permit such intentions to control official actions would be to encourage the precise sort of officially prescribed orthodoxy unequivocally condemned in Barnette.â€ West Virginia Board of Education v. Barnette 319 U.S. at 642.
The coercion of children in the classroom is the biggest concern of people nationwide. Plaintiffs Georgiana Preskar and Teri Lawrence know and understand the concerns, for people phone, fax, or send their concerns to Eagle Forum of Sacramento. The orthodoxy is spreading throughout every classroom in America. There is no compelling reason to use â€œdiversity status,â€ for it only separates more that which our nation is seeking to restore.
Plaintiffs did not frivolously treat the subject matter by coming to the federal court without justified cause. They understand when a wrong or evil is committed; it usually rests on a reason, such as upon a federal or state law, or federal or state authority, for its justification and use.
Plaintiffs choose to represent themselves due to finances and the large amount of information involved in this case. Plaintiffs, in good faith, sought relief through federal and state avenues that were deemed appropriate.
Plaintiffs named United States Congress, The Department of Education, and The Secretary of Education, Margaret Spellings, due to the following:
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A. UNITED STATES CONGRESS
1. The first section of the Fourteenth Amendment declares that [109 U.S. 3, 11] â€˜no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.â€™ This has the power to invalidate state legislation, and state action of every kind, which impairs the privileges and protections of citizens of the United States, or which injures them in life, liberty, or property without due process of law, or denies them equal protection of the laws.
Section V of the Fourteenth Amendment gives Congress the power to enforce it by appropriate legislation. State laws for diversity education that adhere to classification status are not offering equal protection of the law toward people of European descent, Judeo-Christian faith, American heritage and those with contrary viewpoints of diversity thinking. The information for this case will prove that the orthodoxy of diversity thought has eliminated certain classifications from diversity status, thus causing injury to the Plaintiffs. Plaintiffs seek the power of Congress, who has the power to provide modes of redress against the operation of state laws, action of state officers, executive or judicial, when fundamental rights specific to the Fourteenth Amendment are denied.
2. The Congress of the United States passes legislation that affects public education in the United States. The power of Congress to pass this legislation comes under the â€œCommerceâ€ and â€œGeneral Welfareâ€ clauses of the U.S. Constitution. Courts have â€œlong recognized the broadly defined â€˜economicâ€™ aspect of discrimination.â€ Groome Resources Ltd. v. Parish of Jefferson, 234 F.3d 192 (5th Cir. 2000) (upholding FHAA), citing Heart of Atlanta Motel, Inc. v. United States, 397 U.S. 241, 257-58 (1964). Plaintiffs believe that diversity programs such as SEED, and other similar ones, have far reaching effects into every state; thus we seek Court action to restore citizen rights through regulatory relief.
3. Since 1964 the Supreme Court has expanded the reach of the 14th Amendment in some situations by using its power to regulate interstate commerce, enacted the Civil Rights Act of 1964 under Title 42, Public Health and Welfare, Chapter 21, Civil Rights, of the United States Code. Discrimination based on “race, color, religion, or national origin” in public establishments that had a connection to interstate commerce or that was supported by the state is prohibited, 42 U.S.C. Â§ 2000a.
4. Title VI of the Civil Rights Act of 1964, 42 U.S.C. section 2000d, which Congress is responsible for enacting, prohibits the exclusion, the denial of benefits, and discrimination on the grounds of race, color or national origin in programs or activities receiving federal funds. Plaintiffs wrote repeatedly to their Congressman about injuries and concerns with federal funding. Plaintiffs never heard from them. Their silence proved negligence of this complaint. Plaintiffs seek regulatory relief by inclusion into diversity status through the Courtâ€™s intercession to restore the benefits of Civil Rights Title VI for the Plaintiffs.
5. Congress enacted Title IX, and under the Equal Educational Opportunity Act (20 USC Sec. 1703 (a) states â€œNo State shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools.â€ Diversity programs use intent to separate and segregate into classifications that demean race, sex, American heritage, and Judeo-Christian faith. The Plaintiffs, because of separation and segregation by classification of religion and sex, have endured injuries under Title IX and ask regulatory relief of inclusion into diversity by addressing classifications prevalent in diversity programs that exclude the Plaintiffs.
6. The Supreme Court relies on the â€œdue process clauseâ€ of the Fourteenth Amendment. This provision is in Section One of the Amendment and it prohibits any state from depriving â€œany person of life, liberty, or property, without due process of law.â€ The Court states that the rights of freedom of speech and press are â€œamong the fundamental rights and â€˜libertiesâ€™ protected by the due process clause of the Fourteenth Amendment from impairment by the states.â€ The Court has stated this in Wolf v. Colorado, 338 U.S. 25 (1949), and Gideon v. Wainwright, 372 U.S. 335 (1963), to expand the Bill of Rights. This process is the â€œincorporation doctrine,â€ meaning that the Supreme Court incorporates specific rights into the due process clause of the Fourteenth Amendment. Plaintiffs ask the Court to protect the Plaintiffsâ€™ most fundamental right to free speech by securing their rights under the due process clause of the Fourteenth Amendment.
7. The Supreme Court held in 1967 that â€œwe cannot leave to the States the formulation of the authoritative … remedies designed to protect people from infractions by the States of federally guaranteed rights.â€ Chapman v. California, 386 U.S. 18 (1967).
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B. DEPARTMENT OF EDUCATION
1. The U.S. Department of Education Title VI regulation is enforced by the Department’s Office for Civil Rights, under the Department of Education and is in the Code of Federal Regulations at 34 CFR 100.
2. The Office of Civil Rights (OCR), which is located within the DOE, enforces five federal statutes prohibiting discrimination in educational activities, two of these being Title VI of the Civil Rights Act of 1964; and Title IX of the Educational Amendments of 1972. The job of the OCR is to listen to complaints and review compliance to the civil rights laws. They are to provide assistance in order to aid institutions in complying with civil rights that relate to the laws enforced by OCR. The Plaintiffs were denied a fair review of our complaint, thus denied the full use of OCR and security of our rights under the Civil Rights Act Title VI.
3. Title VI of the Civil Rights Act of 1964, 78 Stat. 252, as amended, 42 U.S.C. Â§ 2000d et seq. Section 601 of that Title provides that no person shall, â€œon the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activityâ€ covered by Title VI. 42U.S.C. Â§ 2000d. Section 602 authorizes federal agencies â€œto effectuate the provisions of [Â§601] â€¦ by issuing rules, regulations, or orders of general applicability.â€ The Department of Education has official status to issue rules or regulations in regards to the enforcement of the Civil Rights Act.
Congress created these specific administrative agencies that fall under the executive branch of the government to administer laws passed by Congress. Appointees and others staff it, such as civil lawyers. It is the responsibility of this agency to write regulations that deal with the laws passed by Congress. Plaintiffs seek relief from the Department of Educationâ€™s denial of the Plaintiffs rights, under Title VI of the Civil rights, and seek that the Department grant relief through review and regulatory address.
4. An agent from the San Francisco Office of Civil Rights notified the Plaintiffs. The Plaintiffs were told that they had no rights to pursue their claims. The Plaintiffs believed this agent of the government. Thus, they experienced further physical and mental anguish and received no relief from financial loss because no one in government would listen to them about a serious nationwide issue of civil rights abuse, and the Plaintiffsâ€™ injuries.
The Civil Rightâ€™s Representative treated the case as if it were insignificant. The Plaintiffs believe that there is an underlying tone that â€œwhiteâ€ skin color can never be discriminated against. Thus, the color of the Plaintiffsâ€™ skin being white, based on the accepted premise that white skinned people are immune to discrimination, was an apparent factor for this manâ€™s indifference to our injustice. It was unimportant to him. The Plaintiffs believe that disparate treatment motivated the actions of silence in our case. Rich v. Martin Marietts Corp., D.C. Colo., 467 F. Supp. 587, 608. If the Plaintiffs had been of skin color other than white, and a program was offered that denigrated the qualities of their race, immediate attention would have been paid to the case. This is discrimination by the department against the Plaintiffs and against Title VI and the departmentâ€™s duty to evaluate complaints. The Plaintiffs never received a sufficient review of our material, or a judgment of unbiased opinion. Nor did the Plaintiffs receive an official written reason why our complaint was denied from either the Department, or from Margaret Spellingsâ€™ office in Washington, D.C., or the District office in San Francisco. A written response is due the Plaintiffs under the Regulations of the Offices of the Department of Education, Section 100.7, for conduct of investigations.
5. The U.S. Department of Education gives grants of financial assistance to schools and colleges and to certain other entities, including vocational rehabilitation programs. (42 U.S.C. Section 2000d.) The receivers of this benefit are forbidden funding if they â€œutilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin â€¦â€ (28 CFR Section 42.104) and (49 CFR Section 21.5 (b) (2) (2000). Examples of discrimination covered by Title IV and VI include racial harassment and school segregation. The Plaintiffs were harassed, classified, and excluded.
6. Title IX provides that â€œno person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. (20 U.S.C. 1681(a). Title IX is modeled on Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race in federally assisted programs. See Cannon v. University of Chicago, 441 U.S. 677, 694-695 (1979).
7. Title IX authorizes federal agencies that provide federal financial assistance “to effectuate” Title IX “by issuing rules, regulations, or orders of general applicability,” and to enforce such regulations administratively. (20 U.S.C.) Many people faxed letters and made phone calls in regards to this issue. They were ignored.
The Department of Education states that the â€œusefulness of information the Department disseminates will be evaluated from the perspective of the Department, educators, education researchers, policymakers, and the â€œpublic.â€ The Department did not value the Plaintiffs as the public. â€œThe Department relies upon internal reviews and analyses, along with feedback from advisory committees, educators, education researchers, policymakers, and the public to achieve this.â€ The Department ignored and was negligent in the Plaintiffs plea, which involved discrimination based on Civil Rights.
C. SECRETARY OF EDUCATION, MARGARET SPELLINGS
1. The U. S. Secretary of Education, who is appointed by the President with the advice and consent of the U.S. Senate, is the head of the U. S. Department of Education (DOE), which is a cabinet-level administrative agency created in 1979 that administers over 200 federal programs.
2. As head of the department, Margaret Spellings assumes a position of authority over nationwide school districts. Mary Pearson, the Eastern District Director in San Francisco, stated she would send the Plaintiffsâ€™ package to Margaret Spellings. If Margaret Spellings received our information then she did not respond via written response, nor did the Eastern District Office, with a reply to our complaint. The anguish of waiting was eventually alleviated by the phone call from the OCR, which only ignored the Plaintiffs pleas for relief. The Department was neglectful of not only the Plaintiffs civil rights, but of the many citizens facing similar issues.
Plaintiffs seek relief based on the injury caused because of neglect and indifference of the Directorâ€™s attention to this serious issue of civil rights.
3. The United States Department of Education has authority to ensure that educational institutions that receive federal financial assistance comply with Title IX. 20 U.S.C. 1682. This includes grammar schools, high schools, and secondary schools. Pursuant to that authority, the Department has promulgated Title IX regulations, 34 C.F.R. Pt. 106. Margaret Spellings has the authority to stop financial assistance to schools that are not in compliance with the Civil Rights Title IV, Title VI, and Title IX. She did not perform her duty.
4. The Secretary of Education has the obligation to notify appropriate institutes if they are not in compliance. The Secretary of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965 [20 U.S.C. 2701 et seq.], by the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [20 U.S.C. 236 et seq.], by the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) [20 U.S.C. 631 et seq.], or by the Cooperative Research Act [20 U.S.C. 331 et seq.], on the basis of alleged noncompliance with the provisions of this subchapter, unless given warning to comply. The Plaintiffsâ€™ complaint was not taken seriously and the non-compliance was not addressed. Margaret Spellings stopped funding to public broadcasting due to offensive subject matter, which clearly indicates she has the authority to perform this function.
5. As Secretary of Education, Margaret Spellings has authority as a Federal Agent (42 U.S.C. Section 2000). Section 602 authorizes federal agencies â€œto effectuate the provisions of Section 601â€¦ by issuing rules, regulations, or orders of general applicability,â€
The Secretary of Education ignored the Plaintiffs plea of injury and the information in regards to one of the biggest educational programs nationwide that is discriminating on classification according to race, religion, and heritage.
6. â€œSecretary of Educationâ€ was substituted for â€œDepartment of Health, Education, and Welfareâ€ in subsec.(d) pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of Title 20, Education. This transferred functions and offices (relating to education) of the Department and Secretary of Health, Education, and Welfare to Secretary of Education, which gives the Secretary responsibility for Sec. 2000d-6. policy of United States for application of nondiscrimination provisions in schools.
The Plaintiffs do not seek for diversity to be eliminated or for the statutes to be rewritten as defendants have inferred. The Plaintiffs do seek a compelling interest in regulatory relief for denial of our original claims with the agencies in control of Civil Rights complaints.
Private parties can sue federal agencies to â€œcompel agency action unlawfully withheld or unreasonably delayed.â€ Slip Op. 1, quoting 5 U.S.C. Section 706(1). In an opinion authored by Justice Antonin Scalia, a unanimous Court held that â€œmandamusâ€ actions â€“ actions seeking to compel a federal agency to act, are narrowly limited. The Administrative Procedures Act (APA) permits suits by individuals â€œsuffering legal wrong because of agency action or adversely affected or aggrieved by agency action within the meaning of a relevant statute.â€ Id., quoting 5 U.S.C. Section 702.
Plaintiffsâ€™ grievances were with agencies that withheld actions. The Plaintiffs have experienced financial loss, physical duress, and psychological trauma. In Norton v. Southern Utah Wilderness Alliance, Supreme Court Cause No. 03-101 (June 14, 2004) â€œagency actionâ€ was defined as to mean â€œthe whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.â€ The Plaintiffs believe that they were denied the agency actions applicable to the relief sought for denial of their civil rights.
The Plaintiffs have gone through injury to come to the stage of the court. Failure to act is determined by the courts. Section 706(1) empowers a court only to compel an agency â€˜to perform a ministerial or non-discretionary act,â€™ or â€˜to take action upon a matter, without directing how it shall act.â€™â€ The Plaintiffs ask the court to look favorably upon our request in its simplicity, for the Plaintiffs do not request what defendants claim, and that is to rewrite education curriculum or the laws in place to protect our rights. The Plaintiffs merely ask for equal treatment by teaching diversity education that includes everyone.
The Plaintiffs are aware that many of the legal issues are complex. The compelling interest of equality of man is at stake. When diversity education does not serve the interests of every man by treating them equally, then it voids its purpose, which is to suppress discrimination. Thus, when diversity programs cease to serve what they purport to serve, the equality of man, than they lose the honesty of their supposed intent, by using means to achieve another interest. â€œâ€¦the Court holds that when a means used does not actually address all the harm it purports to address, it cannot be a compelling interest.â€ Church of the Lukumi v. Hialeah, 508 U.S. 520, 546-47 (1993).
Allowing free exchange of ideas within classrooms across America is a compelling interest in order to secure the equality of man for freedom to exchange ideas in a safe environment, and provide education that assures the fundamental freedoms of man in a future America. â€œWe have also acknowledged that public schools are vitally important â€œin the preparation of individuals for participation as citizens,â€ and as vehicles for â€œinculcating fundamental values necessary to the maintenance of a democratic political system.â€ Ambach v. Norwick, 441 U.S. 68, 76-77(1979).
Plaintiffs Georgiana Preskar and Teri Lawrence come to the court because they seek a simple remedy that will relieve the injuries facing Americans everyday. A simple regulatory adjustment can act in the interests of equality and save nationwide problems, cases in court, and preserve the freedoms that are at risk. The Plaintiffs know the court could return them to another court to seek relief from the school district. However, the better interest of this case is served not from going district to district, for the sheer numbers would be burdensome on the courts. Various opinions of different courts would confuse the simple issues at hand that can be easily remedied, for all citizens to have benefit of their civil rights.
The Plaintiffs have supplied information that explains in more detail the specifics of this case. The Plaintiffs request that the Court looks favorably upon the complaint and give regulatory relief based on the facts of the enclosed information. If the court chooses to continue with the hearings, the Plaintiffs will acknowledge its wisdom and be prepared with abundant evidence. Plaintiffs ask not to be dismissed, for Plaintiffs have adequate evidence to support the complaint and request for relief, as submitted to the court.
Plaintiffs Preskar and Lawrence do ask the Court to view their First Amended Complaint as a whole, and not take each paragraph separately to stand on its own. By this Plaintiffs mean that, as they are â€œlay personsâ€ and not attorneys at law, they may have unknowingly left out a â€œlegaleseâ€ term that Defendantsâ€™ attorneys seem to keep pressing for. Please let our First Amended Complaint go forth.
Dated: September 28, 2007 _______________________________
Dated: September 28, 2007 _______________________________