Latino Action Network v. New Jersey explained

Latino Action Network v. New Jersey
Court:New Jersey Superior Court
Mercer County, New Jersey Superior Court
Full Name:Latino Action Network et al. v. The State of New Jersey et al.
Judges:Robert Lougy

Latino Action Network v. New Jersey is a lawsuit filed on May 17, 2018, on the anniversary of Brown v. Board of Education which claims that the State of New Jersey provides separate and unequal schools to minority children in violation of their constitutional rights and that there is segregation in New Jersey public schools.

The state's largest teachers union, the New Jersey Education Association, supports the case.[1]

History and current procedural status

In April 2019, it was reported that settlement talks had broken down.[2]

In March 2022, Judge Robert Lougy held a hearing in the matter and, as of October 2022, the parties await a ruling.[3] [4] [5]

Lawyers

The plaintiffs are represented by Gary Saul Stein's son, Michael Stein of Pashman Stein Walder Hayden in Hackensack, New Jersey, as well as by Lawrence Lustberg of Gibbons in Newark.[6] Lustberg helped lead Governor Phil Murphy's transition team on law.[7]

Plaintiffs

The suit was filed on behalf of the NAACP New Jersey State Conference, the Latino Coalition, Latino Action Network, Urban League of Essex County, the United Methodist Church of Greater New Jersey, and nine children who attend school in segregated school districts.[6]

Gary S. Stein, father of plaintiffs' attorney Michael Stein and former associate justice of the New Jersey Supreme Court, and Ryan Haygood, an alum of Murphy's transition team, recently helped form the New Jersey Coalition for Diverse and Inclusive Schools, to help orchestrate the case.[8] [9]

One of the child plaintiffs is the son of Murphy transition team member Jon Whiten.[10] [11]

Chris Estevez, also an alum of Murphy's transition team as a union representative, additionally helps lead the case as president of the Latino Action Network.[12] [13]

Plaintiffs' arguments

The complaint argues that the state "has been complicit in the creation and persistence of school segregation" by adopting policies that "deny an alarming number of Black and Latino students the benefits of a thorough and efficient education."[14]

They also assert that charter schools in New Jersey are as segregated as "the most intensely segregated urban public schools," if not more so segregated.[15]

Proposed remedies

Some, such as Senator Ronald Rice, have suggested forced busing as a remedy to the segregation in 2019. Others have suggested countywide school districts as a remedy.[16]

Concerns

Busing and merger

Some, such as Minority Leader Jon Bramnick, have expressed concerns that the desegregation suit could lead to forced merger of school districts, forced desegregation busing, and forced lottery systems whereby children would not be permitted to attend their neighborhood school.[17]

Racial categorization controversy

The plaintiffs' lawsuit asserts that NJ schools are "segregated" because of a concentration of African-American and "Latino" children in certain districts, with very few "white" students. Over 65% of U.S. Latinos, however, identify as "White." Just over 2% identify as "Black." The remainder identify as some other race or two or more races.[18]

In 2019, the conservative Pacific Legal Foundation filed a federal lawsuit arguing that Connecticut's magnet schools are discriminatory by capping the enrollment of black and Hispanic students in magnet schools at 75%, while no less than 25% of students were permitted to be white or Asian.[19]

See also

Notes and References

  1. News: New Jersey hit with major lawsuit arguing it must end school segregation. O'Dea. Colleen. May 20, 2018. WHYY. July 15, 2018. en-US. July 4, 2018. https://web.archive.org/web/20180704195805/https://whyy.org/articles/new-jersey-hit-with-major-lawsuit-arguing-it-must-end-school-segregation/. live.
  2. Web site: Settlement Talks Break Down in School Desegregation Lawsuit | New Jersey Law Journal . April 10, 2019 . February 21, 2021 . https://web.archive.org/web/20210221211734/https://www.law.com/njlawjournal/2019/04/05/settlement-talks-break-down-in-school-desegregation-lawsuit/?slreturn=20210121161742 . live .
  3. Web site: Bramnick backs constitutional amendment that require students to attend hometown school. David. Wildstein. March 7, 2022. New Jersey Globe.
  4. Web site: School segregation challenge hinges on definition of ‘segregation’ . 2023-08-10.
  5. Web site: Will New Jersey desegregate its schools? Ruling in 2018 lawsuit expected. North Jersey Media Group.
  6. Web site: NJ Coalition for Diverse & Inclusive Schools . July 18, 2018 . July 18, 2018 . https://web.archive.org/web/20180718055200/https://www.inclusiveschoolsnj.org/announcement . live .
  7. Web site: Murphy releases full transition team membership. November 20, 2017. ROINJ. July 15, 2018. July 13, 2018. https://web.archive.org/web/20180713135038/http://www.roi-nj.com/2017/11/20/politics/murphy-releases-full-transition-team-membership. live.
  8. Web site: Nonprofit Coalition Sues to Desegregate New Jersey Schools. Levine. Carolia. May 21, 2018. Nonprofit Quarterly. July 15, 2018. June 14, 2018. https://web.archive.org/web/20180614221248/https://nonprofitquarterly.org/2018/05/21/nonprofit-coalition-sues-desegregate-new-jersey-schools/. live.
  9. Web site: Committee co-chairs on Murphy's transition team are a diverse lot. Khemlani. Anjalee. November 13, 2017. ROI-NJ. July 15, 2018. July 20, 2018. https://web.archive.org/web/20180720085608/http://www.roi-nj.com/2017/11/13/politics/committee-co-chairs-on-murphys-transition-team-are-a-diverse-lot/. live.
  10. Web site: Jon Whiten – New Jersey Policy Perspective -. www.njpp.org. June 14, 2018. June 14, 2018. https://web.archive.org/web/20180614221326/https://www.njpp.org/author/jon-whiten. live.
  11. Web site: How segregated are New Jersey's schools and what can be done about it? . 2023-08-10 . North Jersey Media Group . en-US.
  12. Web site: Profile: A Latino Advocate with a Family Legacy of Revolution and Activism. Keough. Lee. March 3, 2016. NJ Spotlight. July 15, 2018. February 21, 2021. https://web.archive.org/web/20210221211737/https://www.njspotlight.com/2016/03/16-03-02-profile-a-latino-advocate-with-a-revolutionary-history/. live.
  13. News: New Jersey Law Codifies School Segregation, Suit Says. Otterman. Sharon. May 17, 2018. The New York Times. July 15, 2018. en. February 21, 2021. https://web.archive.org/web/20210221211734/https://www.nytimes.com/2018/05/17/nyregion/new-jersey-school-segregation-suit.html. live.
  14. News: Suit Aimed at Ending NJ School Segregation Targets Role of Charter Schools. Toutant. Charles. May 17, 2018. New Jersey Law Journal. July 15, 2018. July 10, 2018. https://web.archive.org/web/20180710173443/https://www.law.com/njlawjournal/2018/05/17/suit-aimed-at-ending-nj-school-segregation-targets-role-of-charter-schools/. live.
  15. Web site: Suit Aimed at Ending NJ School Segregation Targets Role of Charter Schools . 2023-08-10 . New Jersey Law Journal . en.
  16. Web site: Group May Head Back to Court over Lack of NJ School Desegregation - NJ Spotlight . April 6, 2019 . March 21, 2019 . https://web.archive.org/web/20190321163514/https://www.njspotlight.com/stories/19/03/19/group-pushing-desegregation-of-nj-schools-may-head-back-to-court/ . live .
  17. News: Will my child be forced to switch schools? What you need to know about desegregation suit. Clark. Adam. May 29, 2018. NJ.com. July 15, 2018. en-US. June 14, 2018. https://web.archive.org/web/20180614222439/http://www.nj.com/education/2018/05/what_nj_school_desegregation_means_for_your_kid.html. live.
  18. Source: CNN Fast Facts: Hispanics In the US (3/22/2018) https://www.cnn.com/2013/09/20/us/hispanics-in-the-u-s-/index.html
  19. News: A Lawsuit Threatens a Groundbreaking School-Desegregation Case. Cohen. Rachel M.. The Nation. 2019-02-11. 2019-03-27. en-US. 0027-8378. February 21, 2021. https://web.archive.org/web/20210221211736/https://www.thenation.com/article/archive/connecticut-segregation-schools-sheff/. live.

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