Douglas: Judge went too far in blocking ban on Mexican studies

A federal judge went too far in permanently blocking a state law that sought to ban Mexican-American studies in Tucson, the state’s top school official said.

Diane Douglas, the Arizona superintendent of public instruction, said Friday she intends to meet with legislative leaders next week to explore the possibility of restoring parts of the law.

On Wednesday, U.S. District Court Judge Wallace A. Tashima issued a permanent injunction on the law, which lawmakers approved and the governor signed in 2010. In August, the

judge had found the law unconstitutional, concluding it was motivated by racial bias and political partisanship.

The law targeted a Mexican-American studies program in the Tucson Unified School District, although it was written more broadly in an attempt to meet constitutional standards.

Douglas on Friday said she was perplexed by this week’s injunction.

“The provisions that prevent taxpayer dollars being used for classes that promote the overthrow of the United States Government or promote resentment towards a race or class of people, just sound like common sense to me,” Douglas said in a statement. “Those should stay.”

Key legislative leaders said they’re willing to talk.

House Speaker J.D. Mesnard, R-Chandler, said he personally disagrees with the judge’s finding that the law was inspired by racial discrimination. “That’s quite an accusation,” he said in a text message. “And I believe most people would agree with the underlying law.”

Mesnard was not in the Legislature when the law was enacted.

House Education Chairman Paul Boyer, R-Phoenix, said he also would welcome a meeting.

Although he had not yet reviewed Tashima’s injunction order, Boyer said Douglas makes some good points.

“We shouldn’t have schools that teach the overthrow of the government,” he said.

Asked if he was aware of any, Boyer said he had no such knowledge of current curricula.

But, he added, when he was a legislative staffer, it was “my understanding that’s what was going on back in 2010.”