The Arizona Republic

Mexican-American studies protected

Judge’s order bars state from enforcing 2010 law

- Mary Jo Pitzl Arizona Republic USA TODAY NETWORK

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.

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