Mexican-American studies protected
Judge’s order bars state from enforcing 2010 law
A federal judge has imposed a permanent injunction barring state education officials from enforcing a law, already found unconstitutional, that banned Mexican-American studies.
In a final judgment in the long-running case, U.S. District Court Judge A. Wallace Tashima issued a permanent injunction that bans enforcement of the law, which targeted a Tucson Unified School District program.
Tashima in August found the 2010 law unconstitutional, ruling it was en-
“It is important for Arizona to teach the history of minority communities of the past and present day.” Rep. Sally Gonzales, D-Tucson, on state’s unconstitutional ban on Mexican-American studies classes
acted for discriminatory and partisan political purposes.
The injunction, issued Tuesday, prohibits state Superintendent of Public Instruction Diane Douglas and the state Board of Education from taking any action to comply with the now-unconstitutional law or requiring the Tucson district to follow it.
Among other things, it bars education officials from doing any inspections or audits of any district course or curriculum if the purpose is to determine whether the district complies with the law, and it prohibits any attempt to withhold money from the district for allegedly not following the law.
The injunction applies not only to Douglas and the current board, but also to any who succeed them, and extends to all employees and legal representatives of the superintendent’s office and the board.
Tashima’s order states that after seven years, state education officials may ask the court to lift the permanent injunction.
State Rep. Sally Gonzales, D-Tucson, welcomed the added protection from the court. She had repeatedly sponsored legislation to repeal the law, but it went nowhere in the GOP-controlled state Legislature.
In a statement, Gonzales said the ban sent the wrong message and said there is nothing to be feared from learning more about Mexican-American history.
“It is important for Arizona to teach the history of minority communities of the past and present day,” she said.