Archives for category: Resistance

John Thompson is a retired teacher and historian in Oklahoma.

He writes:

I previously posted on the Profiles in Courage of Tulsans who resisted President Donald Trump’s hideous rally that was appropriately characterized as “Come for the Racism, Stay for the Plague.” That was easy; it was primarily the medical profession that stood firm for the public’s health. The main narrative was the way that Republicans, like Mayor G.T. Bynum, who I previously respected, put Trumpism over principle.

In the wake of Trump’s fiasco, as well as the way that so many Americans did what so many elected officials did not dare, I wonder if historians will see the last week’s resistance across the nation as a turning point. So, this week’s post searches the rally and its opposition for examples of 21st century politics that can be built on.

Mary Jo Laupp, a teacher now known internationally as the TikTok grandma,”” was moved by black TikTok users’ frustration about Trump hosting a rally on Juneteenth. Laupp produced a video saying, “I recommend all of those of us that want to see this 19,000-seat auditorium barely filled or completely empty go reserve tickets now, and leave him standing there alone on the stage.” It went viral and the grassroots registration social media campaign helped leave Trump in front of a crowd of about 6,200.

The New York Times reports:

Ms. Laupp said she was “overwhelmed” and “stunned” by the possibility that she and the effort she helped to inspire might have contributed to the low rally attendance.

“There are teenagers in this country who participated in this little no-show protest, who believe that they can have an impact in their country in the political system even though they’re not old enough to vote right now,” she said.

Of course, many people focus on Trump’s cry-babying over the embarrassingly low turnout, but the TikTok prank wasn’t the only reason why he looked so foolish. Had Trump supporters showed up for the outdoor rally, they could have filled the empty seats in the arena. In other words, while some true believers pledge to die for their President, apparently a large number of potential rally-goers had enough sense to stay away from a COVID “super-spreader” event.

And that brings us to the reason why the K-pop Twitter and Alt TikTok users’ intervention was so valuable. Trump had been bragging that up to 1,000,000 people would show their support for him, and the Frontier reported that as many as 100,000 were predicted to actually show up. It also profiled Randall Thom, a member of “Trump’s Front Row Joes,” who said he had attended 64 rallies. The Frontier explained, “And though Thom said he knows COVID-19 can be deadly — a 24-year-old member of his group died earlier this year from the disease, he said it was worth the risk to see the president.”

How many people in Tulsa and the home communities of Trump attendees would have been infected if tens of thousands of Trump supporters, mostly without masks, had shown up and clashed with Black Lives Matter protesters?

In terms of politics, both the local and national press looked into the thoughts and actions of rally attendees and protesters. Nondoc’s Tres Savage listened to several mixed messages from Trump supporters. A self-proclaimed libertarian said, “I just want the least amount of government invasion that I can have.” Seeming to contradict herself, “she would like to see Trump address issues in the pharmaceutical industry, take environmental action and do something in the agriculture sector ‘like get rid of the big GMOs like Monsanto.’” But she hopes that after a vaccine is developed, Trump would not require people to take it. Her daughter indicated “she won’t be voting to re-elect the president, even though she does enjoy how he trolls his opponents.”

A flag salesman, Jeff Brown, who voted for Trump but indicated that he might not vote this year, complained, “The economy is shit.” Brown said, “I’m not down with it anymore. I’m not a corporate. There’s blood in me. You break my DNA down, I got it all in there. I’m just a regular American.”

Most coverage focused on adults, and the Washington Post’s Robert Klemko also talked with Brown, but mostly he implicitly addressed the effects of the confrontation on children.

Brown told Klemko, “We’re capitalists, we offend everybody equally.” And, “The best seller of the night: [was] an Oklahoma flag with the Osage Nation buffalo-skin shield mashed up with the Confederate flag.” The salesman said that he used to believe the Confederate flag “represented slavery,” but “I have since learned a lot of other variations of the history. … I think that it’s allowed for people to have their own interpretations from their family and their experience.”

So, the salesman makes money from flags like the one that says “Trump 2020: Make Liberals Cry Again,” and his home-schooled son, Joshua Brown, learns supposedly multiple interpretations of history. The 12-year-old “wore a shirt reading ‘LGBT’ with a drawing of the Statue of Liberty above the letter L, a rifle above the letter G, a glass full of beer above the letter B and an image of a bellowing Trump above the letter T.”

Klemko’s reporting suggests that other, worrisome consequences of the rally could emerge over time. Even though the Trump turnout was small, and there was little violence, there was angry shouting and some guns were displayed. A nine-year-old witnessed a white man pepper-spraying a Black demonstrator. A 12-year-old girl, Alex Standridge, witnessed protesters and men wearing MAGA hats trading insults. The girl responded, “I want to be brave like my brothers.”

The Post also reported that a 13-year-old pointed out that one of the police who dispersed protesters with pepper projectiles was carrying a shotgun. And his grandmother offered him a historical interpretation of the Ku Klux Klan:

The whole KKK came out of the Democratic Party. You cannot say that it’s changed. They still use them for their purposes. And their purpose today was pitting them against President Trump, and it breaks my heart, because I value African Americans and they’ve been done wrong by the Democrats.

Nondoc’s Archiebald Browner spoke with Tulsans in the historic Greenwood District, once known as the Black Wall Street community that was ravaged by the Massacre of 1921. While the conversations reported in the Washington Post are far different from my experience, Browne’s observations were very similar to mine when attending Black Lives Matter events and historic celebrations. (My only complaint is that I’m only 67-years-old, but the young BLM organizers always called me “Sir” when repeatedly asking if I’m okay with the heat and would like some water or anything else. And when walking to the rally, I’d see miles of Black neighborhoods with families in the front yards, thanking everyone, but especially white people, for attending. This is one more reason why I believe the numbers of people supporting BLM events were seriously underestimated.)

At any rate, Browne reported, “Just one mile away in the historic Greenwood District, Black people congregated and enjoyed a community atmosphere without having to experience Trump’s rally directly.” Predictably, he heard older Blacks, like Chris Thompson Sr., “telling teenagers ‘not to go over there’ to the Trump rally.”

Different generations continue to hold differing views about how to cause change, but clearly a cross-generational listening process is occurring. Thompson said the American movement will continue, because, “It’s about justice and not to feel threatened to walk around within our skin.”

Browne quotes Thompson:

“I was having a talk with my wife and son, and we are an endangered species if you ask me,” he continued. “You have Black men after Black men. You have the justice system after Black men. You have the White man after the Black men. So where did you win at?

“At the end of the day, I do believe we have to keep maintaining a peaceful, loving walk in this matter because violence with violence is not going to really solve it. It’s going to escalate.”

So, in some ways, America is entering an era of “Which Side on You On?” Trump supporters may not agree with him on all things, and the rank-in-file may be listening more to warnings about the pandemic. But, if this weekend is representative, when true believers say there are multiple interpretations of history, they seem to protest too much. Trumpism’s success has depended on an effort to get everyone on the same page, finding reasons to condemn their opponents.

The rally’s opponents, however, come from very different backgrounds and embrace a diverse set of political tactics. And they were also there to celebrate, not just fight. I suspect that is a reason why Oklahomans seeking justice outnumbered Trump supporters during this pivotal week. The energy at Greenwood came from their sense of community. It will take a community spirit to win these political battles.

While many primary races are too close to call, due to large numbers of uncounted absentee ballots, Jamaal Bowman scored a decisive upset in his race to replace veteran Cingresman Elliot Engel, chair of the House Foreigh affairs Committee.

Jamaal is/was a middle school principal who was active in the opt out movement. He received the endorsement of AOC, Sanders, Warren, and many others, including me.

Here is the speech he gave when his victory appeared certain.

Jamaal will be a strong, clear, and informed voice for the voiceless in Congress.

Last night, I had a Zoom talk with Amy Frogge, who has served for eight years on the Metro Nashville school board.

We talked about charters, vouchers, the Dark Money that infiltrated school board races, and the promising things happening in Nashville.

She is soon leaving the board to become executive director of Pastors for Tennessee Children.

Amy is one of the heroes featured in my book SLAYING GOLIATH. Watch our discussion and you will understand why. She has chosen a life of service and made a difference.

You can watch here.

The Alabama Charter School
Commission decided to revoke the charter of Woodland Prep, which had not yet opened.

Blogger Larry Lee has the inside scoop.

He wrote:

In the end, it was as much a story about a very rural community that simply refused to quit fighting and standing up for what it believed in strongly. It was about a community that takes pride in its public schools and refused to be bulldozed by a group of education “experts” from out-of-state who were far more intent on making money than helping children.

It was widely believed that the charter was part of the Fetullah Gulen charter chain, one of the nation’s largest. For unexplained reasons, the charter decided to open in a small rural community where sentiment ran against it, commitment to the local public schools is strong, and local people look askance at Muslims (and possibly other religions).

Larry Lee wrote many posts about Woodland Prep. See here and here.

It is really dumb and insensitive for out-of-state people to plant themselves in a rural community, announce that they intend to open a school to compete with the local school and expect to be welcomed.

This is a story of a community organizer, Monica Cannon-Grant, who has used her character, determination, and passion to create a force on behalf of the black community of Boston. She is relentless. She demonstrates the power of one person to make change. She makes real the quote attributed to Margaret Mead: “Never doubt that a small group of thoughtful, committed citizens can change the world: indeed, it’s the only thing that ever has.”


Monica Cannon-Grant began her day on Thursday as she begins most days: grocery shopping for 1,700 people.

Wearing a black T-shirt printed with the words “I can’t breathe,” she lifted barrels of mayonnaise and enormous tins of tuna into her Restaurant Depot cart.

“Today is the first memorial for George Floyd,” she said quietly as she rolled the cart down the aisle.

She has not had much time to grieve lately, or even to rest.

Cannon-Grant, who is 39 and lives in Roxbury, organized the Tuesday march in Franklin Park that drew tens of thousands of people to protest police brutality and demand action in Boston. Though it followed on the heels of a protest that ended in violence downtown, she made clear that her march, which started with a “die-in” at Blue Hill Avenue, would be peaceful. And it was.

Cannon-Grant, who is at turns a firecracker and a mother bear, has also been distributing about 1,750 free meals a day, through the restaurant Food for the Soul in Dorchester, to people in the neighborhood who have struggled since the coronavirus hit. She is the mother of six children, two of whom she adopted as teenagers.

“Anything that goes down in the community, positive or negative, it almost has to go through Monica,” said Chris Lewis, a fellow activist who has known Cannon-Grant since they were children.

The two threads of Cannon-Grant’s work last week—feeding hundreds of people while at the same time agitating for specific policy prescriptions to end police brutality—help illustrate her overarching vision for change in the city. She has been inspired by the legacy of the Black Panther movement, she said, which challenged police violence while running massive “survival programs,” such as free breakfasts for school children that paved the way for the government’s free breakfast program.

Cannon-Grant’s focus, she and others said, is making sure the Black community in Boston can protect and serve itself.

“I studied a lot of the work that they did and how they were able to uplift and take care of their own communities,” Cannon-Grant said, sitting outside Food for the Soul as volunteers prepared free lunches inside. “My hope is to embody the Black Panther movement.”

In that spirit, Cannon-Grant hired her own security to keep the peace during the march in Franklin Park.

“I don’t have a relationship with the police department, and honestly I can’t depend on them to protect me. So I started reaching out to men in the community,” Cannon-Grant said. She offered them $100 to look out for instigators of violence and to de-escalate interactions with the police, which they did. In the end, around 50 Black men from the neighborhoods where the march took place acted as eyes and ears during it. They declined to be paid, she said.

Large numbers of people tend to follow her lead, said Donnell Singleton, the owner of Food for the Soul, who has worked with Cannon-Grant for years.

“Here’s Monica, with a sea of people behind her,” Singleton said of seeing her at Franklin Park on Tuesday.

Cannon-Grant has long been a thorn in the side of city and state politicians, urging them to take action to prevent violence against Black and brown people in Boston. She grew up in the Franklin Hill neighborhood of Dorchester, and attended the Jeremiah E. Burke High School.

It was wrong, she thought, that some politicians celebrated an overall reduction of violence in Boston, even as it continued in poor and majority-Black neighborhoods. After her teenage son twice had a gun pulled on him outside the family’s home, she decided enough was enough. She started attending every public safety meeting the city had, insistently pressing politicians on her central concern.

“They’re like, ‘Oh we’re doing great,’” she said. “So explain to me why my street is shot up 15 times and my son had a gun pulled on him twice? Why is this normal?”

Assisted by a source she won’t divulge, she began posting almost every shooting or stabbing that took place in the city on her Facebook page with the hashtag #ViolenceinBoston in 2017. That also became the name of the nonprofit she launched that year, to provide direct resources like food and housing to Black and brown victims of violence in Boston.

If she didn’t post quickly enough, bystanders or those involved in shootings would send her Facebook messages to let her know what happened. “Shots fired outside my house … 2 shots in my driveway,” read one message she received last month.

“There’s been many a night, late at night, that I get a call from Monica and there’s a crime scene that she’s telling me to meet her at,” said former city councilor Tito Jackson, one of Cannon-Grant’s mentors and close friends.

As someone without a college degree or institutional affiliations, Cannon-Grant and her peers felt she was often dismissed by elected officials and others in power as not having much to add. And so she took to inviting herself, being so persistent and sometimes disruptive that she couldn’t really be ignored.

Beginning in 2018, she launched a nearly yearlong campaign to get Mayor Martin J. Walsh to meet with her. She called him out on Twitter and blasted him on Facebook Live videos; in a typical post from October 2018, she wrote, “Today makes 99 days since Mayor Marty Walsh called my cell phone agreeing to meet with me. Last night Boston’s 47th Homicide…He loves press conferences to give the perception he’s doing something but he’s not.” She was particularly outraged by comments he made in July 2018 addressing shooting victims in Dorchester, which she thought blamed them for the violence they suffered.

“If you want to kill each other — it’s a horrible thing and I don’t want to stand here as mayor and say, ‘You know, we’re justifying that’ — you kill each other,” Walsh said at the time.

Finally, after what Cannon-Grant described as “256 days of advocacy,” Walsh met with her. Sharing a plain bagel at Soleil, they cut right to the chase.

“Can you stop calling me a motherf*****?” Cannon-Grant recalled Walsh asking at the beginning of the meeting.

“I said, ‘Sure, I need you to also stop getting in the media, talking about Black men in the community as if you actually understand what it is to be a Black man.’”

Then the two had an honest conversation, both said in interviews, one that opened up an avenue for them to work together. Walsh said he had made comments out of frustration and concern at seeing people dying day after day.

“And I told him I feel the same way and since then, we’re aligned in our frustration,” Cannon-Grant said. “You’re supposed to disagree, you’re supposed to have conversations and then figure out how you could work together.”

The mayor has since directed funding and resources to Violence in Boston, as well as the Food for the Soul project.

“We certainly weren’t mortal enemies, but there was definitely a lot of conflict there and barriers to communication,” Walsh said in an interview. “And that hour — maybe a little longer — broke down those barriers.”

The story of her evolving relationship with Walsh over the past two years is also the story of her own changing role in the city, from that of a marginalized activist beating down the walls of those in power, into someone who wields significant power and influence on behalf of her community.

“A lot of what she was acting out on at first was her own pain,” said Thaddeus Miles, director of community services at MassHousing. Now, he said, “She’s more strategic around her thought and she’s worked with her allies in a different way.”

As a sign of her growing stature both in the city and beyond, she hosted a town hall last week that featured Senator Elizabeth Warren, Representative Ayanna Pressley, and Emerald Garner, a daughter of Eric Garner, a Black man who died after being placed in a chokehold by a police officer in New York. The group discussed how to pass federal legislation mirroring state legislation targeting police brutality, including a California law banning the use of deadly force by police if there is a reasonable alternative, and a New York bill requiring that police provide medical help to those in custody who request it.

Cannon-Grant ran for state representative in 2016 and lost. Then in 2017, she organized the Fight Supremacy rally on the Boston Common the week after a white supremacist march in Charlottesville, Va. Politicians and even other activists at the time worried that it wasn’t a good idea, Miles said — that she didn’t have the organization to pull it off. They feared it would disintegrate into a violent clash between white supremacists and protesters.

That didn’t happen. Instead, she drew tens of thousands of people to the Boston Common for a peaceful march.

“People started to take her seriously,” said Miles.

But even with increased recognition, Cannon-Grant continues to agitate when she deems it necessary.

In one notable example from 2019, she interrupted a panel featuring Governor Charlie Baker, Attorney General Maura Healey, and House Speaker Robert DeLeo in the wake of the school shooting in Parkland, Fla. The panel was meant to assess how Massachusetts had achieved such a low rate of deaths from guns.

“I’m sorry but there are Black and brown folks sitting in this room that I brought with me who are victims of gun violence in Black communities that get ignored every day,” Cannon-Grant said from the darkened audience. “No disrespect, but we were screaming way before Parkland.”

She then brought her own chair onto the stage, filled mostly with white men in suits, and began taking questions from the audience.

Anne Grammer, the 82-year-old cofounder of Cape Cod Grandmothers Against Gun Violence, was so moved by Cannon-Grant’s words that, a few weeks afterward, she drove to Cannon-Grant’s house and offered to volunteer for her.

“Anything she asked me to do, I will do,” Grammer said.

Cannon-Grant credits her fighting spirit to her grandmother, who worked the polls and was the head of her tenant association in Boston for many years.

“My grandmother was a fighter,” Cannon-Grant said, laughing. “She would invite the city councilors to the cookout to curse them out about what they didn’t do for the community.”

That’s how onlookers describe Cannon-Grant, too.

“You’re definitely not going to control her,” said Jackson, “and you’re not going to contain her, either.”

Stephen Dyer was in the Ohio legislature when the state’s Edchoice voucher program started as a small initiative. Since then, it has grown, despite research showing that it provides no education benefit to students while taking money away from public schools.

In this post, he announces the launch of a program to educate the public about how vouchers harm their public schools. Every dollar allotted to a voucher school is a dollar less for public schools.

As districts face huge budget cuts in the coming school years, it behooves them to defend every dollar they can so their students have all they need to succeed. That’s why the folks at Real Choice Ohio, which fought for years to help districts cope with charter school losses to great success, have started a series of workshops to help districts educate and inform parents nd their communities about the dangers of the EdChoice vouchers to their kids and other kids’ futures.

The first pillar of these conferences deals with the overall problem facing districts and the kids theiy serve. I am helping to lead this pillar, complete with Power Point presentations and I will be moderating an all-star panel on the EdChoice and voucher problem next week.

Open the post to learn how to sign up.

Robert Kuttner is editor of The American Prospect. He writes a blog called Kuttner on Tap.

If You Can Stand It, a Little More Optimism.

Now we find out what America is made of. And what we see, a week after George Floyd’s police lynching, is this:

Protests are continuing and they are increasingly peaceful, except for police violence. Protest leaders are working with local governments to contain both police rampages on the one hand and provocations and opportunistic looting on the other.

More than at any time since the civil rights era of the 1960s, white America has some compassion for pent-up black frustrations. A majority of Americans approve of the demonstrations and reject police violence. And 55 percent of white Americans tell pollsters that black anger is fully justified.

Meanwhile, Trump keeps revealing what he is made of, and his own support keeps dropping. And Joe Biden has found his inner Bobby Kennedy and made his best speech ever. I don’t care who wrote it; Biden gave it.

The focus of the election, increasingly, will be Trump’s callous and opportunistic use of a crisis that required healing. He is setting himself up for a landslide repudiation, well beyond the Republican margin of theft.

Also encouraging is the united response of governors and mayors. Trump may have the power on paper to call in the Army and the National Guard. But that is no match for the combined power of an aroused citizenry and resistant local officials. His troops can’t occupy the whole country by force.

We will see more mass demonstrations. They will be peaceful except for the efforts of rogue cops and Trump’s storm troopers to inject violence. And by fall, the consequence will be a mass revulsion against Trump.

As Atlanta Mayor Keisha Lance Bottoms, one of America’s finest, wrote in concluding an eloquent New York Times op-ed piece:

“Let us vote against state-sanctioned violence, vitriolic discourse and the violation of human rights. In memory of George Floyd and all the other innocent black lives that have been taken in the recent and distant past, let us commit to registering black people, especially black men, to vote.”

America is stronger, better, wiser than Trump. And America will survive Trump. Then the real work can begin.

For those of us old enough to remember the protests against racism and police brutality in the late 1960s, the outrage of African Americans has a sad and sickening familiarity. It’s sad because yet another black man was killed by police officers although he was not resisting arrest (and even had he been resisting arrest, the officers were wrong to apply lethal force to an unarmed person). It is sickening because so little has changed in 50+ years.

We don’t have to think back to the 1960s for examples of racism and racial profiling. We see it now, with disgusting, appalling frequency.

Some important things have changed: our nation twice elected a black man as president. Yet so much remains unchanged: segregated neighborhoods, segregated schools, persistent inequality and disparate treatment.

And now a federal administration that exploits and encourages racism, as it did in Charlottesville when neo-Nazis marched and brazenly displayed their bigotry and hatred. And a president who appoints federal judges who can’t say whether the Brown decision was correctly decided in 1954.

Black Lives Matter. Colin Kaepernick was right. Symbolic statements and gestures matter but they don’t change injustice. We need change in enforcement.

We need a Justice Department committed to protecting the rights of all Americans and to defending the most vulnerable and to enforcing civil rights laws. We need a president who sets a moral example and stands forcefully against racism in word and deed.

Whoever is president creates a tone and climate that others take as a signal of what is appropriate.

Vote. Vote. Vote as if your life depends on it. It does. Vote for justice. Vote for decency. Vote to defend civil rights.

Well, that was fast!

Only minutes after news broke that Governor Cuomo had asked Bill Gates and his foundation to help “reimagine” education in New York, parent groups responded with a loud NO!

Don’t mess with New York parents! Remember, they started the biggest opt-out from state testing in history.

Here is their public letter:

May 5, 2020

To Governor Cuomo:

As educators, parents and school board members, we were appalled to hear that you will be working with the Gates Foundation on “reimagining” our schools following the Covid crisis. Bill Gates and the Gates Foundation have promoted one failed educational initiative after another, causing huge disaffection in districts throughout the state.

Whether that be the high-handed push by the Gates Foundation for the invalid Common Core standards, unreliable teacher evaluation linked to test scores, or privacy-violating data-collection via the corporation known as inBloom Inc., the education of our children has been repeatedly put at risk by their non-evidence based “solutions”, which were implemented without parent input and despite significant public opposition. As you recall, these policies also sparked a huge opt-out movement across the state, with more than twenty percent of eligible students refusing to take the state exams.

We urge you instead to listen to parents and teachers rather than allow the Gates Foundation to implement their damaging education agenda once again. Since the schools were shut down in mid-March, our understanding of the profound deficiencies of screen-based instruction has only grown. The use of education tech may have its place, but only as an ancillary to in-person learning, not as its replacement. Along with many other parents and educators, we strongly oppose the Gates Foundation to influence the direction of education in the state by expanding the use of ed tech.

Instead, we ask that you fund our schools sufficiently and equitably, to allow for the smaller classes, school counselors, and other critical services that our children will need more than ever before, given the myriad losses they have experienced this year.

Yours sincerely,

New York State Allies for Public Education

Class Size Matters

Parent Coalition for Student Privacy

Cc: Board of Regents and Acting NYSED Commissioner Shannon Tahoe

Media Contacts:

Ashley Levett, SPLC, ashley.levett@splcenter.org / 334-296-0084

Sharon Krengel, ELC, skrengel@edlawcenter.org / 973-624-1815, x24

Lindsay Kee, ACLU-TN, communications@aclu-tn.org / 615-320-7142

Christopher Wood, Robbins Geller, cwood@rgrdlaw.com / 615- 244-2203

Judge Strikes Down Tennessee School Voucher Law

NASHVILLE, Tenn. – Public school children in Tennessee won today when Davidson County Chancellor Anne C. Martin struck down the state’s private school voucher law, known as the Education Savings Account (ESA) Pilot Program. Because the law applies only to students in Davidson and Shelby counties, Chancellor Martin ruled that it violates the Home Rule provision of the Tennessee Constitution, which prohibits the General Assembly from passing laws that target specific counties without local approval.

The rulings are a milestone victory for the plaintiffs challenging the voucher law in two separate cases: public school parents and community members in Nashville and Memphis, who sued in McEwen v. Lee, and Davidson and Shelby County governments, in Metropolitan Government of Nashville v. Tennessee Department of Education.

The voucher law was enacted in May 2019 over the strong objections of legislators from both counties. The voucher program was originally intended to begin in the 2021-2022 school year, but Governor Lee accelerated the timeline with plans to issue vouchers starting this fall.

In March, the plaintiffs in McEwen v. Lee filed a lawsuit to challenge the voucher law in Davidson County Chancery Court. The lawsuit argues that the voucher law violates several provisions of the Tennessee Constitution, including the Home Rule provision as well as the Education and Equal Protection provisions and the Appropriation of Public Moneys provision.

When the state began accepting applications for vouchers to be used in fall 2020, the McEwen plaintiffs immediately moved for an injunction to temporarily block the law until the court had the opportunity to rule on its constitutionality.

Davidson and Shelby counties filed a motion for summary judgment in their separate lawsuit challenging the voucher law.

Both cases are before Chancellor Martin in Davidson County Chancery Court. Oral argument on the summary judgment motion was originally scheduled to be heard in late May. However, the McEwen plaintiffs requested that Chancellor Martin hear argument before the state began giving out vouchers for this fall. Accordingly, Chancellor Martin accelerated the schedule for oral argument on all motions in both cases, setting them for late April, and the McEwen plaintiffs secured the state’s agreement that it would not notify voucher applicants until after she issued her decision on the motions.

Chancellor Martin’s decision today, granting the counties’ summary judgment motion, now permanently enjoins the state from implementing the unconstitutional voucher program.

The McEwen plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools (PFPS) campaign to ensure public education funds are used exclusively to maintain, support and strengthen public schools. The plaintiffs are also represented by the American Civil Liberties Union of Tennessee and represented pro bono by the law firm Robbins Geller Rudman & Dowd LLP.

Plaintiff Roxanne McEwen, a public school parent in Nashville, said “I am grateful to Chancellor Martin for safeguarding the resources in Metro Nashville Public Schools and Shelby County Schools, and the rights of all public school children in these districts. Our public schools serve every child who walks through their doors. Especially in this time of crisis, our schools could not afford to have more resources drained away from them.”

“Chancellor Martin’s ruling is an enormous victory for Tennessee public school students,” said Chris Wood, a partner at Robbins Geller who argued for the McEwen plaintiffs last week. “This unpopular voucher program was forced on two communities without their consent, and it threatened to drain public resources from already underfunded public schools. Today, the voices of public school parents and community members were heard. The state needs to adequately fund our existing public schools, which educate the vast majority of students in Tennessee, instead of trying to send our taxpayer dollars to unaccountable private schools.”

# # #

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana, Mississippi, and Washington, D.C., is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, visit http://www.splcenter.org/.

Founded in 1973, Education Law Center is a national leader in advancing the rights of public school students to equal educational opportunity under state and federal law through litigation, policy, advocacy and research. For more information, visit http://www.edlawcenter.org/.

The ACLU of Tennessee, the state affiliate of the national American Civil Liberties Union, is a private, non-profit, non-partisan public interest organization dedicated to defending and advancing civil liberties and civil rights through advocacy, coalition-building, litigation, legislative lobbying, community mobilization and public education. For more information, visit http://www.aclu-tn.org/.

Robbins Geller Rudman & Dowd LLP is one of the world’s leading complex litigation firms representing plaintiffs in securities fraud, antitrust, corporate mergers and acquisitions, consumer and insurance fraud, multi-district litigation, and whistleblower protection cases. With 200 lawyers in 9 offices, Robbins Geller has obtained many of the largest securities, antitrust, and consumer class action recoveries in history, recovering tens of billions of dollars for victims of fraud and corporate wrongdoing. Robbins Geller attorneys are consistently recognized by courts, professional organizations and the media as leading lawyers in their fields of practice. Visit http://www.rgrdlaw.com/.