BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  March 29, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          ACR 146  
          (Weber) - As Introduced February 29, 2016


                                  PROPOSED CONSENT


          SUBJECT:  Civil rights:  Roberto Alvarez v. Board of Trustees of  
          the Lemon Grove School District


          KEY ISSUE:  Should California recognize and commemorate March  
          30, 2016, as the 85th Anniversary of the historic California  
          desegregation ruling in Roberto Alvarez v. Lemon Grove School  
          District? 


                                      SYNOPSIS


          This resolution commemorates the 85th anniversary of the court  
          ruling in Alvarez v. Lemon Grove School District (1931).   
          Twenty-three years before the United States Supreme Court found  
          school segregation unconstitutional in Brown v. Board of  
          Education (1954), Judge Claude Chambers of the San Diego County  
          Superior Court issued a writ of mandate ordering the Lemon Grove  
          School District to cease its effort to force Mexican-American  
          students to attend a separate and, by all accounts, inferior  
          school.  Judge Chambers' order was apparently the first  
          successful legal challenge to racial segregation in the United  








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          States.  Because this decision was never appealed, the case was  
          not precedent setting and was largely omitted from the state's  
          historical narrative until Robert Alvarez, Jr., professor  
          emeritus of Ethnic Studies at the University of California, San  
          Diego, and the son of the named plaintiff, recovered the story.   
          Not only does the case illustrate California's leadership in  
          promoting equal access to education, it also illustrates the  
          power of community organization and collective resistance to  
          social injustice.  There is no opposition to this timely  
          reminder about the dangers of bigotry and the power of people to  
          challenge it. 


          SUMMARY:  Commemorates the 1931 San Diego County Superior Court  
          ruling that invalidated an attempt by the Lemon Grove School  
          District to segregate students of Mexican-American descent.   
          Specifically, this measure:  


          1)Makes findings and declarations detailing the historical  
            background to, and historical significance of, the decision in  
            the case of Roberto Alvarez v. Board of Trustees of the Lemon  
            Grove School District (Case No. 66625, San Diego County  
            Superior Court, March 30, 1951).


          2)Resolves that the Legislature of the State of California  
            recognizes and commemorates March 30, 2016, as the 85th  
            anniversary of the historic ruling in the case of Roberto  
            Alvarez v. the Board of Trustees of the Lemon Grove School  
            District, which invalidated a school district's attempt to  
            restrict its pupils of Mexican heritage to an inferior,  
            segregated educational experience.


          3)Resolves that schools and community organizations throughout  
            the state are encouraged to acknowledge this historic  
            anniversary with appropriate activities. 









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          4)Resolves that the Chief Clerk of the Assembly transmit copies  
            of this resolution to the author for appropriate distribution.  



          EXISTINGN LAW provides that no person shall be deprived of life,  
          liberty, or property without due process of law or denied equal  
          protection of the laws.  (California Constitution Article I,  
          Section 7.) 


          FISCAL EFFECT:  As currently in print this resolution is keyed  
          non-fiscal. 


          COMMENTS:  It seems safe to say that when most people think of  
          successful legal challenges to racial segregation in the United  
          States, the first case that comes to mind is Brown v. the Board  
          of Education, the 1954 U.S. Supreme Court ruling finding that  
          racial segregation in public education violated the equal  
          protection clause of the Fourteenth Amendment to the U.S.  
          Constitution.  Brown did not emerge in a vacuum, but rather it  
          reflected a decades-long litigation strategy by the NAACP and  
          others to challenge the infamous "separate but equal" doctrine  
          set forth in Plessy v. Ferguson (1896).  Finding that separate  
          schools were "inherently unequal," in part because they imposed  
          a badge of inferiority on students forcefully segregated by the  
          political majority, a unanimous Court overturned nearly 60 years  
          of precedent by holding that the doctrine of "separate but  
          equal" had no place in the field of public education.


          The Brown decision grew from the struggles of African-Americans  
          and their allies to challenge racial segregation in the Jim Crow  
          South, and it justifiably holds a privileged position in the  
          history of the Civil Rights movement in the United States.  This  
          resolution, however, turns our attention to a lesser-known  
          history of school desegregation efforts in California and the  








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          Southwest during the 1930s.  Specifically, on March 30, 1931,  
          Judge Claude Chambers of the San Diego County Superior Court  
          issued a writ of mandate ordering the Lemon Grove School  
          District to cease its effort to force Mexican-American students  
          to attend a separate and, by all accounts, inferior school.   
          Judge Chambers' order was, according to a history of the Lemon  
          Grove case, "the first successful school desegregation decision  
          in the history of the United States."  (Robert Alvarez, Jr.,  
          "The Lemon Grove Incident: The Nation's First Successful School  
          Desegregation Court Case," Journal of San Diego History Vol. 32  
          (Spring 1986).)


          Background to the Lemon Grove Case:  In 1931, Lemon Grove was  
          just a small rural community in San Diego County.  Like many  
          rural, agricultural communities in Southern California at this  
          time, it had a racially and ethnically diverse population of  
          persons of European, Mexican, and Japanese descent.  According  
          to the petition for a writ of mandate that launched the case,  
          the community of Lemon Grove had a "commodious and modern"  
          five-room school building providing instruction to 169 students  
          from the first to eighth grades.  Of these 169 students, 87 were  
          described in the petition as of "American or European  
          parentage," about 75 were described as being "of Mexican  
          parentage," and seven were of "Japanese parentage."  About 95%  
          of the students were born in the United States and were  
          therefore citizens.  However, sometime in the summer of 1930,  
          the Lemon Grove school board "conceived the idea of separating  
          and segregating the pupils of Mexican parentage and isolating  
          them in a distinct and separate school building, away from the  
          pupils of American, European and Japanese parentage."  In order  
          to carry out the plan the district built a two-room school  
          building about seven or eight blocks away from the main school  
          for students of "Mexican parentage."  On the morning of January  
          5, 1931, the school principal stood at the door of the five-room  
          school building, that had previously been attended by all of the  
          students, "and admitted all pupils except the pupils of Mexican  
          parentage," redirecting the Mexican-American students to the  
          two-room school building.  ("Petition for Writ of Mandate,"  








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          Roberto Alvarez v. Board of Trustees of Lemon Grove School  
          District, Case No. 66625, Superior Court of San Diego County,  
          1931; see also Alvarez, supra.) 


          The parents of the Mexican-American students, however, refused  
          to accept the school board's plan without a fight.  Organized as  
          the Comite de Vecinos de Lemon Grove (Lemon Grove Neighbors  
          Committee), the parents refused to send their students to the  
          separate school.  They contacted the Mexican consul in San Diego  
          who, in turn, contacted two San Diego attorneys, Fred Noon and  
          A.C. Brinkley, to seek legal redress for the parents and their  
          children.  The leading Spanish language newspaper in California,  
          La Opinion, took an interest in the case and published a letter  
          written by the Neighbor Committee which read: "We are not in  
          agreement, which is very natural, nor do we consider just, the  
          separation of our children, without any reason, to send them to  
          another establishment that distinguishes Mexican children from  
          other nationalities."  The letter also included a request for  
          funds from the community, so that the Committee could "do the  
          work necessary to convince the school authorities that they  
          should not continue the segregation."  Apparently this appeal  
          worked, as the Committee raised enough money to cover court  
          costs.  (Alvarez, supra.) 


          Judge Chambers Writ of Mandate:  Attorneys Noon and Brinkley  
          filed a petition for a writ of mandate on behalf of Roberto  
          Alvarez and all the other Mexican-American students to Judge  
          Claude Chambers of the San Diego Superior Court.  The petition  
          for writ of mandate alleged that the exclusion of the children  
          was "clearly an attempt at racial segregation" and done without  
          legal authority.  The petition pointed out that 95% of the  
          students of Mexican parentage were American-born citizens and  
          were, therefore "entitled to all rights and privileges common to  
          all citizens of the United States."  The refusal to admit all of  
          the students on an equal basis deprived the students of their  
          right, under California law, "to attend the public schools on a  
          basis of equality with other American children."  The petition  








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          asked that a writ of mandate be issued to the principal and  
          members of the school board, ordering them to admit Roberto  
          Alvarez and all other students of Mexican parentage to the  
          five-room school building and to receive instruction "on a basis  
          of equality" with all other students.  


          The school board's answer to the petition for the writ of  
          mandate admitted that the school had adopted a policy of  
          segregating the Mexican-American students.  It claimed, however,  
          that this was not because of the students' race, but because the  
          students were "deficient in their knowledge of the English  
          language" and therefore required "special attention from the  
          instructors."  The school's answer also claimed that the new  
          building was closer to the neighborhood where the  
          Mexican-American students lived and, as such, would protect the  
          children's safety by eliminating the need for them to cross a  
          major boulevard through Lemon Grove to the main school.   
          Although the answer denied any intent to denigrate the  
          Mexican-American students, as the petition for writ had claimed,  
          the language of the school's answer suggested otherwise,  
          describing the separate school as an "Americanization School"  
          for "backward and deficient children."  ("Answer to Petition for  
          Writ of Mandate," Roberto Alvarez v. Board of Trustees of Lemon  
          Grove School District, Case No. 66625, Superior Court of San  
          Diego County, 1931.)


          Judge Chambers rejected the school board's claims and ordered  
          the school to admit Roberto Alvarez, and all of the other  
          Mexican-American students, into the five-room school building  
          and to receive instruction "on a basis of equality with other  
          children of said school district, and without separation or  
          segregation in a separate school because of race or  
          nationality." ("Order for Alternative Writ of Mandate," Roberto  
          Alvarez v. Board of Trustees of Lemon Grove School District,  
          Case No. 66625, Superior Court of San Diego County, March 30,  
          1931.)  Although Judge Chambers' terse order did not reveal his  
          reasoning, the scholar Robert Alvarez, Jr. - the son of the  








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          named petitioner and currently a professor emeritus of Ethnic  
          Studies at U.C. San Diego - examined the trial court  
          transcripts.  These transcripts show that Chambers rejected the  
          school's claim that the separate school served the legitimate  
          goal of "Americanization."  Judge Chambers opined in his  
          questioning of the school's attorney that Americanization and  
          the learning of English (if that in fact was needed) would be  
          better achieved if all students attended school together.  The  
          Judge conceded that the school might have an interest in  
          offering separate instruction to students of differing academic  
          and language abilities, "but to separate all the Mexicans in one  
          group can only be done by infringing the laws of the State of  
          California.  And I do not blame the Mexican children because a  
          few of them are behind in school work [as a justification for]  
          this segregation.  On the contrary, this is a fact in their  
          favor.  I believe that this separation denies the Mexican  
          children the presence of the American [sic] children, which is  
          so necessary to learn the English language."  (Alvarez, supra.) 


          Equal Access to Education in California Legal History:  While  
          the Lemon Grove case was the first to successfully challenge  
          segregation in public schools, it was not the first California  
          case to successfully use the judicial branch to challenge a  
          denial of access to public education on the basis of race.  In  
          1885 the parents of a Chinese-American child in San Francisco,  
          Mamie Tape, filed a petition for a writ of mandate ordering the  
          principal of a public grammar school to admit their daughter,  
          notwithstanding a San Francisco ordinance prohibiting  
          Chinese-American students from attending the public schools.   
          The ordinance, that is, did not just provide for segregated  
          public schools; it excluded Chinese-American students from  
          attending any public schools at all.  If Chinese-American  
          children received any schooling, it would have to be in private  
          mission schools.  But the Tapes insisted on sending their  
          daughter, who was an American-born citizen, to the public  
          school.  When the San Francisco Superior Court dismissed the  
          Tape's writ, however, they appealed to the California Supreme  
          Court (the California courts of appeal had not yet been  








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          established.)   


          On appeal, the California Supreme Court held that the San  
          Francisco ordinance barring Chinese-American students from  
          attending public schools violated both a state law and the equal  
          protection clause of the Fourteenth Amendment of the U.S.  
          Constitution.  Specifically, the Court cited what was then  
          Political Code Section 1667, which stated that, "Every school .  
          . . must be open for the admission of all children between six  
          and twenty-one years of age residing in the district."  The  
          state statute allowed a school board to "exclude children of  
          filthy or vicious habits, or children suffering from contagious  
          or infectious disease," but, the Court reasoned, that statute  
          did not allow a school to exclude on the basis of "race, color,  
          or nationality."  (Tape v. Hurley (1885) 66 Cal. 473, 473-475.)   
          The Supreme Court in Tape v. Hurley did not go as far as Judge  
          Chambers had gone in the Lemon Grove case by prohibiting racial  
          segregation in schools; rather, it merely said that  
          Chinese-American students born and residing in California had a  
          right to a public school education.  San Francisco responded by  
          creating a separate public school for Chinese-American students.  
           Mamie Tape still could not attend the public school near her  
          home, but would be forced to attend the separate school for  
          Chinese-American students.  The Tapes then resisted with their  
          feet, moving across the San Francisco Bay to Berkeley, where  
          Chinese-American students attended integrated public schools.   
          (For a three-generation history of the Tape family see Mae Ngai,  
          The Lucky Ones: One Family and the Extraordinary Invention of  
          Chinese America (2010).) 


          Legacy of the Lemon Grove Case:  Judge Chambers' order in the  
          Lemon Grove case was never appealed.  As a result it never  
          produced a published opinion and did not provide any clear  
          precedent.  It is unclear whether the other school districts in  
          California ceased segregation policy in the wake of the  
          decision.  The Lemon Grove case was a mostly forgotten part of  
          the state's history until it was uncovered by Robert Alvarez,  








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          Jr., professor emeritus at the University of California, San  
          Diego, the son of the named plaintiff.  In many ways, the Lemon  
          Grove case illustrates that the California courts have sometimes  
          been a progressive force in Civil Rights.  Just as the order in  
          Lemon Grove came twenty-three years before Brown v. Board of  
          Education, the California Supreme Court struck down its  
          anti-miscegenation law in Perez v. Sharp in 1948, seventeen  
          years before the U.S. Supreme Court found such laws  
          unconstitutional in Loving v. Virginia (1967).  And, more  
          recently, the California Supreme Court upheld marriage equality  
          before the U.S. Supreme Court eventually did the same.  However,  
          the Lemon Grove incident is not just a case study of  
          California's leadership in promoting civil rights and equal  
          access to education; of equal if not greater importance, it  
          illustrates the power of ordinary people to collectively resist  
          social injustice. 


          ARGUMENTS IN SUPPORT:  According to the author: "This resolution  
          seeks to raise awareness and commemorate an important court  
          decision in 1931.  Roberto Alvarez v. Board of Trustees of the  
          Lemon Grove School District was the first successful school  
          desegregation court decision in the United States."  The author  
          contends that this case "helped establish the idea of equality  
          in education within California" and that ACR 146 will  
          appropriately commemorate March 30, 2016, as the 85th  
          anniversary of that historic ruling.  The author contends that  
          the court's ruling "stopped the school district's attempt to  
          segregate students of Mexican heritage and set a precedent for  
          equal access and the de-segregation of public education."


          REGISTERED SUPPORT / OPPOSITION:




          Support









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          None on file




          Opposition


          None on file 




          Analysis Prepared by:Thomas Clark / JUD. / (916) 319-2334