Lawsuit challenging school bans advances

Critical race theory, transgender policies part of the complaint

A groundbreaking lawsuit challenging the Temecula Valley school board's ban on critical race theory instruction and its policy requiring district teachers to out transgender students to their parents can move forward, a Riverside County Superior Court judge has ruled.

During a 90-minute hearing Friday before Judge Eric A. Keen, an attorney with Murrieta-based Advocates for Faith & Freedom went point by point through the lawsuit in an attempt to get the complaint tossed.

“They (teachers) are not precluded from teaching critical race theory,” attorney Mariah Gondeiro said. “Students are allowed to be taught … as long as teachers teach the flaws in critical race theory.”

Despite Gondeiro's arguments, Keen ruled that the plaintiffs — a coalition of students, parents and teachers — made viable arguments against the district's critical race theory ban and the transgender reporting policy. The judge set a Feb. 23 hearing on the plaintiffs' request for an injunction that would block the school board policies.

“It's a major victory,” said Amanda Mangaser Savage, an attorney with the Los Angelesbased law firm Public Counsel who is representing the plaintiffs. “This is the first case of its kind (in California) to be brought against recent critical race theory racism.”

Gondeiro, who attended the hearing by phone, did not immediately respond to a request for comment. No plaintiffs attended the hearing.

Scott S. Humphreys, an attorney with Ballard Spahr in Los Angeles who also represents the plaintiffs, said the tentative ruling is a “big win.”

“It means if what the plaintiffs are saying is true, and we believe it is, then there is evidence to support an injunction” blocking the school board's controversial policies.

Several Temecula Valley Uni