Special treatment for SOME races in schools resurrected in court

 December 10, 2023

This story was originally published by the WND News Center.

A lawsuit challenging a teachers' contract in a Minnesota school district that provides special privileges and protections for members of SOME races, but not others, has been resurrected.

A district court earlier attempted to kill the dispute raised by Judicial Watch, but the organization now is reporting that a state Court of Appeals ruling means the controversy will be heard.

The government watchdog organization had filed a lawsuit on behalf of a Minneapolis taxpayer "over a teachers' contract that provides discriminatory job protections to certain racial minorities."

It now will proceed, the organization said, after the appeals judges blocked an attempt by a Hennepin County district judge to get rid of the dispute without hearing evidence.

"The Minnesota Court of Appeals overturned the lower court’s decision, ruling that Judicial Watch’s client does have standing as a taxpayer who helps fund Minneapolis Public Schools through property taxes, and her claims are ripe because the lawsuit alleges an actual future controversy using public funds," the report said.

The case against the Minneapolis scheme came after it provided special privileges for minorities not given to others, in violation of the Equal Protection Guarantee of the Minnesota Constitution.

The racism was instituted formally after a 2022 teachers' strike.

But it's being challenged because, "the contract provides preferences, protections, and privileges for MPS teachers of certain races and ethnicities under a section entitled 'ARTICLE 15. PROTECTIONS FOR EDUCATORS OF COLOR.' There is no similar provision covering educators who are not 'of color.'"

The report said it exempts "teachers of color" from the district's "seniority-based layoffs and reassignments."

It means a senior teacher who is not of the right race would be laid off while a junior teacher who is of the right race would be kept on staff during layoffs.

The report noted, "Upon information and belief, before the contract, teachers were laid off or reassigned in order of seniority, with the least senior teachers laid off or reassigned first, without regard to race or ethnicity. Similarly, teachers were reinstated in order of seniority, with the more senior teachers reinstated first, without regard to race or ethnicity."

But the state constitution requires, "no member of this state shall be disenfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers."

The case now returns to the district court and seeks a judicial determination that actions taken under the racist policy are illegal.

"This is a big court victory for taxpayers who are outraged that Minneapolis’ school system would engage in blatant racial discrimination in employing teachers," stated Judicial Watch chief Tom Fitton. "Judicial Watch will move with all due speed to gather evidence in discovery. This lawsuit aims to shut down this extreme leftist attack on the bedrock constitutional principle that no one can be denied equal treatment under the law on account of race."

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