And on the 7th Day…Arizona’s Apartheid War Against Mexican American Studies
Special length column
Column of the Americas
By Roberto Dr. Cintli Rodriguez
Early on the morning of the 7th day, God wrote HB 2281; then he rested.
That’s the way conservative Arizonans view this clearly unconstitutional and immoral anti-Ethnic Studies measure.
The opponents of Tucson’s Mexican American Studies (MAS) department – who act as though this state measure was also inscribed on the original tablets God handed to Moses – use this circular logic. An administrative law judge, Lewis D. Koval, also weighed in on the embattled MAS department, with a 37-page finding last week with the same twisted logic. He opined that MAS-TUSD is out of compliance and that HB 2281 is legal because it has not been ruled unconstitutional. If affirmed, the finding can cost TUSD 10 percent of its monthly state budget, totaling up to $15 million per year. That HB 2281 has not been found to be unconstitutional is true... only because the measure has yet to be actually implemented and the 2010 Acosta federal lawsuit has not yet reached the trial stage. Not only that, the legal process, as established by the state measure, has not yet fully played out. Within a few days, state schools’ superintendent John Huppenthal, who campaigned with the vow to “stop La Raza,” is expected to affirm Koval’s non-binding ruling. TUSD can now petition the Superior Court to reject Koval’s finding, though TUSD superintendent, John Pedicone, has already indicated he wants the district to comply with the ruling.
On paper, MAS-TUSD detractors oppose the department because it violates HB 2281, seemingly not cognizant that the only reason this state measure exists is because the former state schools’ superintendent, Tom Horne, crafted it to ensure that the department would be deemed out of compliance, with the only remedy being elimination. Horne incidentally, has long-claimed that his effort to eliminate MAS-TUSD was inspired by Martin Luther King Jr.’s 1963 “I have a Dream” speech. Bernard Lafayette Jr., a colleague of MLK Jr. and a freedom rider, along with virtually the entire civil rights community nationwide, begs to differ with Horne. Ironically, along with the racial profiling SB 1070, his animus toward MAS is what has unleashed an unprecedented amount of hate toward Mexicans and Mexican Americans in this state, a clue that Horne has no business invoking MLK’s name for any reason.
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