| Roberto Alvarez vs. the Board of Trustees of the Lemon Grove School District | |
|---|---|
| Decided | March 31, 1931 |
The Lemon Grove Case (Roberto Alvarez vs. the board of trustees of the Lemon Grove School District), commonly known as the Lemon Grove Incident, was the United States' first successful school desegregation case. The incident occurred in 1930 and 1931 in Lemon Grove, California, where the local school board attempted to build a separate school for children of Mexican origin. On March 30, 1931, the Superior Court of San Diego County ruled that the local school board's attempt to segregate 75 Mexican and Mexican American elementary school children was a violation of California state laws because ethnic Mexicans were considered White under the state's Education Code. Although often overlooked in the history of school desegregation, [1] the Lemon Grove Case is increasingly heralded as the first victory over segregative educational practices and as a testimony to the Mexican immigrant parents who effectively utilized the U.S. legal system to protect their children's rights. [1]
The segregation of Mexican and Mexican American children was common throughout the Southwest in the early-to-mid 1900s. [2] [3] [4] While the California Education Code did not explicitly allow for the segregation of children of Mexican descent, approximately 80% of California school districts with substantial Mexican and Mexican American populations had separate classrooms or elementary schools for Spanish speaking students. It is not known how many Mexican children were in these remedial classes [5] The other 20% of school districts maintained partial forms of segregation, such as segregated classrooms within mixed schools. [5] School boards in cities such as Pasadena, Santa Ana, Riverside, and Los Angeles offered various rationales for such segregation. [4] Many districts relied on linguistic arguments, claiming that segregation was necessary given English "language handicaps". [2] Others cited the need to train Mexican and Mexican American youth for "appropriate" jobs. [2] Several districts argued that "Americanization" schools were necessary to properly assimilate Mexican and Mexican American youth. [4] Authorities often promised that Mexican and Mexican American youth could be integrated upon their mastery of the English language and their complete Americanization; yet these pledges almost always went unfulfilled. [3] Records indicate that such "Mexican schools" had substandard facilities, shorter school years, and poorer quality of instruction. [3] Furthermore, in the city of Lemon Grove itself there was a growing resentment against its Mexican population due to the sudden rise in growth rates for this particular demographic as well as the overall fear of the loss of white collar jobs from US citizens and giving them to Mexican Americans. [6]
In this context, the integrated grammar school of Lemon Grove was an anomaly. [2] The Mexican and Mexican American students, children to the fifty-odd Mexican immigrant families from Baja California, accounted for about half of the school's 169 students. [1] Furthermore, the student population found within the Lemon Grove School District was approximately 75 Mexican and Mexican American students and 95 white students. [7] On July 23, 1930, the all-Anglo Lemon Grove school board decided to build a separate school for children of Mexican heritage without giving notice to their parents. [3] The plan was discussed by the school board and subsequently endorsed by the Chamber of Commerce and local PTA. [1] By August, the board felt that the "situation had reached emergency conditions" due to overcrowding and "sanitary and moral" issues stemming from the Mexican and Mexican American youth. [4] In this plan to separate these students from their peers, the school board expected that "the Mexican community would docilely separate itself and send its children to the new school." [6]
This "new school" where the students were to be separated was an old two room building that came to be known within the local Mexican American community as la caballeriza, meaning "the barn," on Olive Street. [8] After an emergency meeting between the board was conducted on August 13, the Mexican and Mexican American students of the school were expelled and later on their school supplies/belongings and desks were later transferred to the building. [1] On January 5, 1931, Lemon Grove Grammar School principal Jerome Green, acting under instructions from school trustees, turned away Mexican children at the schoolhouse door, directing them to the new school. In response, parents who were outraged at the response refused to send their children to the new school. Since they were not allowed back at the main schoolhouse, this resulted in a boycott. [5] Through this boycott, 75 students remained at home and the local press took note of this protest, writing this in the headlines as "the Mexican Student Strike." [9]
Despite their lack of representation in official channels of power such as the PTA or the Chamber of Commerce, the parents quickly organized El Comité de Vecinos de Lemon Grove (the Lemon Grove Neighbors Committee). [1] Parents would meet in the household of one of the families whose children were refused to be allowed in the school and would discuss plan on what was to be done against the separation of the Mexican students from the grammar school. [8] The parents sought the assistance of the Mexican consul in San Diego, Enrique Ferreira, who put them in touch with two attorneys.These two San Diego attorneys were Fred Noon and A. C. Brinkley. [4] Noon worked in the city since 1928 and knew Spanish well enough in order to communicate with parents on how to file for the court case. [1] The Comité also sought the support of the broader Mexican and Mexican American community on both sides of the border; the Mexican government also gave the parents and their organization full support as they protested against his decision made by the school board and the PTA. [6] The community responded with both moral and financial support that allowed the Comité to cover the costs of the upcoming lawsuit. [1] Other responses from the community included the support of Mexican and Spanish speaking news media from Mexico and the US; one particular news outlet known as La Opinion was able to closely follow and report on the legal actions and wrote editorials supporting the students involved in the strike. Through these media outlets, El Comité was able to gain significant support from "the community, the press and the Mexican Consul." [9]
The Comité, with the assistance of the two attorneys, filed suit against the Lemon Grove School Board in the Superior Court of California in San Diego on February 13, 1931. Submitted in the name of Mexican American student Roberto Alvarez, the petition accused the school board of "an attempt at racial segregation… by separating and segregating all the children of Mexican parentage". [1] The suit also pointed out that 95% of the children whom the school board sought to segregate were U.S. citizens and thus "entitled to all the rights and privileges common to all citizens of the United States. [1] Alvarez and ten other students gave testimony proving that their separation of the school was built on inaccurate information concerning the intelligence and learning capabilities of Mexican and Mexican American students and a prejudiced assumption that these students didn't understand English. Alvarez himself was chosen to be named as the plaintiff because his academic records proved to be a counter to what the school board was presenting to the court case. [9] The attorneys during the trial also questioned the teachers who were to teach in the segregated school regarding whether they were fully capable of teaching all the students. In one such situation, the attorneys questioned a teacher with little experience who was expected to teach four grades in one classroom. The attorney asked how teaching students from four different grade levels in one class in the segregated building would create a different learning experience from having one teacher teach a single grade in the other school with all the students integrated together. The teacher responded that it would provide less individualized attention to the students. [8]
The Lemon Grove school board denied all of the suit's allegations and, asking school boards throughout the Southwest, insisted that the separate facility was designed for the benefit of the Mexican and Mexican American youth. [1] The Board maintained that the school was not designed to segregate Mexican children; rather, it argued: 1) that the new facility could house up to 85 pupils and that it boasted a fully equipped playground, 2) that the facility was located in the predominantly Mexican area of town so that children could travel safely to school without risking the walk across the main road, 3) that the majority of the children lacked sufficient knowledge of English and could benefit from special attention, and 4) that it was an Americanization school in which "backward and deficient" children could receive better, and more appropriate, instruction. [1] The evidence revealed in trial challenged the "backward and deficient" characterization of the Mexican and Mexican American children and, most pointedly, the board's location and language arguments. [1]
The landmark lawsuit resulting from the "Lemon Grove Incident" became the first successful school desegregation court decision in the history of the United States. [1] On March 30, 1931, the presiding Judge Chambers issued his ruling in favor of Roberto Alvarez. The judge repudiated each of the school board's claims. Although allowing that the school board could "separate a few children to offer special instruction," he wrote, "to separate all the Mexicans in one group can only be done by infringing the laws of the State of California." [10] In the decision, the judge ruled that children of Mexican origin could not be segregated under the laws of the state of California, because they were "of the Caucasian race", and laws allowing the segregation of "Oriental", "Negro", and "Indian" children therefore did not apply.The judge also ruled in favor of Alvarez during this court case since he believed that "the pedagogical and curricular segregation" that the board wanted to implement actually inhibited on how these students needed to learn and in fact needed to be exposed to other American children which in his words was "so necessary to learn the English language." [11]
The decision was not appealed, in large part due to the perceived risk of further financial burdens to the district and negative public image. [4] For decades, the only official mention of the court case in local records came in the notes of a post-trial school board meeting, "All members of the board present. On account of having lost the court decision there was some discussion about the return of Mexican (children) pupils but only a spirit of good will prevailed, and it was decided that everything was to continue exactly as it did prior to January 5th." [1] Not even the history of the Lemon Grove School from 1880 to 1966, prepared by a former superintendent, referenced the case. [1]
The ruling did result in the immediate re-entrance of the Mexican and Mexican American students to the grammar school; yet, the ruling did not have concrete implications for desegregation in other segregated California schools. [4] It was not until over a decade later, with Mendez v. Westminster , that schools desegregated statewide.
Despite its initial obscurity and limited broader impact, the Lemon Grove Case has increasingly gained recognition for its place in the trajectory of school desegregation as the first successful desegregation case. [1] Moreover, scholars agree that the case constitutes a testament to the Mexican immigrant families who, despite a hostile political climate, [1] [10] refused to accept separate and inferior educations for their children and who leveraged the U.S. legal system to challenge such a violation of their children's rights. [1] [2] [12] As noted by historian Robert Alvarez Jr., "This was the first situation when a group of immigrants had gotten together, challenged a school board and won." [10] Some scholars also believe that the case may have contributed to the defeat of a bill in the California state legislature (commonly known as the "Bliss Bill") that would have made it legal to segregate children of Mexican descent under the state's education code. [4] In looking at this bill in further detail, the plan of this legislation was to redefine Mexicans as "Indians" rather than "white", thus making it permissible to follow segregation laws against Mexicans in California. [8]
Another aspect that this court case left behind was the issue regarding classifying Mexican Americans as being "white." Particularly concerning Judge Chamber's ruling on the students' being classified "of the Caucasian race." [1] The verdict that came as a result from this case "did not challenge racial segregation per se" which meant that this exception would not span out to all students of color; in a sense these students weren't categorized under a group that enabled them to be permitted under the law to be segregated by districts and schools. [7] The judge's ruling for the students in favor of the students in this court case was viewed as that the learning capability of these students "would help them overcome their colored status" through their education. [11] Since this court case did not expand or create an effect that led to the eventual desegregation of other schools in the nation, at the local level, the case has received recognition. [9]
In 1986, KPBS with the collaboration of an ethnic studies professor in UCSD, Robert Alvarez, made a documentary film highlighting historical footage and interviews in order to portray the actions done by parents and students as part of the protest against the school board. [13] [14] On March 9, 2007, the Lemon Grove School District recognized Roberto Alvarez, the schoolboy who was the lead plaintiff in the case. The auditorium at the Lemon Grove Middle School, which is on the site of the former grammar school, was dedicated in his honor. [15] [16] In the year 2011 to commemorate the 80 years since this trial occurred, a professor from Palomar college arranged for the screening of a documentary focusing on the lives of Mexican Americans living during the time period this court case was held and titled this as "The Lemon Grove Oral History Project." [17] On May 5, 2016, in order to commemorate the 85 years since the court case was ruled a bill was created in acknowledging March, 30th as being a historic date to remember concerning the City of Lemon Grove. [18]
Echo (Muñoz Ryan novel) tells the story of fictional Ivy Lopez and her experience of Mexican American segregation during 1943 and the historical impact Roberto Alvarez vs. the board of trustees of the Lemon Grove School District had on multiple communities in California.
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court ruling that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal". The Court's unanimous decision in Brown, and its related cases, paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases.
Lemon Grove is a city in San Diego County, California, United States. The population was 27,627 at the 2020 census, up from 25,320 at the 2010 census.
Milliken v. Bradley, 418 U.S. 717 (1974), was a significant United States Supreme Court case dealing with the planned desegregation busing of public school students across district lines among 53 school districts in metropolitan Detroit. It concerned the plans to integrate public schools in the United States following the Brown v. Board of Education (1954) decision.
Desegregation busing was a failed attempt to diversify the racial make-up of schools in the United States by sending students to school districts other than their own. While the 1954 U.S. Supreme Court landmark decision in Brown v. Board of Education declared racial segregation in public schools unconstitutional, many American schools continued to remain largely racially homogeneous. In an effort to address the ongoing de facto segregation in schools, the 1971 Supreme Court decision, Swann v. Charlotte-Mecklenburg Board of Education, ruled that the federal courts could use busing as a further integration tool to achieve racial balance.
Tape v. Hurley, 66 Cal. 473, (1885) was a landmark court case in the California Supreme Court in which the Court found the exclusion of a Chinese American student from public school based on her ancestry unlawful. The case effectively ruled that minority children were entitled to attend public school in California. After the Court's decision, San Francisco Superintendent of Schools, Andrew J. Moulder, urged the California state assembly to pass new state legislation which enabled the establishment of segregated schools under the separate but equal doctrine, like the later Plessy v. Ferguson (1896). The establishment of the new school marked the continued segregation in the education system in California.
Mendez, et al v. Westminister [sic] School District of Orange County, et al, 64 F.Supp. 544, aff'd, 161 F.2d 774, was a 1947 federal court case that challenged Mexican remedial schools in four districts in Orange County, California. In its ruling, the United States Court of Appeals for the Ninth Circuit, in an en banc decision, held that the forced segregation of Mexican American students into separate "Mexican schools" was unconstitutional because as US District Court Judge Paul J. McCormick stated, "The evidence clearly shows that Spanish-speaking children are retarded in learning English by lack of exposure to its use because of segregation, and that commingling of the entire student body instills and develops a common cultural attitude among the school children which is imperative for the perpetuation of American institutions and ideals."
Lemon Grove Academy Middle School is a middle school located in Lemon Grove, California. The school is managed by the Lemon Grove School District. Lemon Grove Academy Middle's mascot is the Wolf.
Sylvia Mendez is an American civil rights activist and retired nurse. At age eight, she played an instrumental role in the Mendez v. Westminster case, the landmark desegregation case of 1946. The case successfully ended de jure segregation in California and paved the way for integration and the American civil rights movement.
Green v. County School Board of New Kent County, 391 U.S. 430 (1968), was an important United States Supreme Court case involving school desegregation. Specifically, the Court dealt with the freedom of choice plans created to avoid compliance with the Supreme Court's mandate in Brown II in 1955. The Court held unanimously that New Kent County's freedom of choice plan did not adequately comply with the school board's responsibility to determine a system of admission to public schools on a non-racial basis. The Supreme Court mandated that the school board must formulate new plans and steps towards realistically converting to a desegregated system. Green v. County School Board of New Kent County was a follow-up of Brown v. Board of Education.
Desegregation of the Baltimore City Public Schools took place in 1956 after the United States Supreme Court ruled, in the case of Brown v. Board of Education, that segregation in schools went against constitutional law. Desegregation of U.S. schools was part of the civil rights movement. The events that followed desegregation in Baltimore, were important to the civil rights movement across America. Recent scholarship has identified Baltimore's desegregation as an important precursor to the Greensboro sit-ins.
Mendez vs. Westminster: For All the Children/Para Todos los Niños is a 2003 American documentary film written, directed, and produced by Sandra Robbie. The film features Sylvia Mendez, Robert L. Carter, and others.
The Westminster School District (WSD) is an elementary school district in Orange County, California, established in 1872 and headquartered in Westminster. It operates schools in Westminster, Garden Grove, Huntington Beach, and Midway City.
Felicitas Gómez Martínez de Méndez was a Puerto Rican activist in the American civil rights movement. In 1946, Méndez and her husband, Gonzalo, led an educational civil rights battle that changed California and set an important legal precedent for ending de jure segregation in the United States. Their landmark desegregation case, known as Mendez v. Westminster, paved the way for meaningful integration and public-school reform.
School segregation in the United States was the segregation of students based on their ethnicity. While not prohibited from having schools, various minorities were barred from most schools, schools for whites. Segregation was enforced by formal legal systems in U.S. states primarily in the Southern United States, although elsewhere segregation could be informal or customary. Segregation laws were dismantled in 1954 by the U.S. Supreme Court because of the successes being attained during the Civil Rights Movement. Segregation continued longstanding exclusionary policies in much of the Southern United States after the Civil War. Jim Crow laws codified segregation. These laws were influenced by the history of slavery and discrimination in the US. Secondary schools for African Americans in the South were called training schools instead of high schools in order to appease racist whites and focused on vocational education. School integration in the United States took place at different times in different areas and often met resistance. After the ruling of Brown v. Board of Education, which banned segregated school laws, school segregation took de facto form. School segregation declined rapidly during the late 1960s and early 1970s as the government became strict on schools' plans to combat segregation more effectively as a result of Green v. County School Board of New Kent County. Voluntary segregation by income appears to have increased since 1990. Racial segregation has either increased or stayed constant since 1990, depending on which definition of segregation is used. In general, definitions based on the amount of interaction between black and white students show increased racial segregation, while definitions based on the proportion of black and white students in different schools show racial segregation remaining approximately constant.
In the United States, school integration is the process of ending race-based segregation within American public and private schools. Racial segregation in schools existed throughout most of American history and remains an issue in contemporary education. During the Civil Rights Movement school integration became a priority, but since then de facto segregation has again become prevalent.
Keyes v. School District No. 1, Denver, 413 U.S. 189 (1973), was a United States Supreme Court case that claimed de facto segregation had affected a substantial part of the school system and therefore was a violation of the Equal Protection Clause. In this case, black and Hispanic parents filed suit against all Denver schools due to racial segregation. The decision on this case, written by Justice William J. Brennan, was key in defining de facto segregation. Brennan found that although there were no official laws supporting segregation in Denver, "the Board, through its actions over a period of years, intentionally created and maintained the segregated character of the core city schools." As a result of the ruling, the entire district in Denver, Colorado, must be desegregated. The issue of "intent" would become a key factor in the Boston case.
Francisco Maestas et al. vs. George H. Shone et al. was a school desegregation case in Colorado involving Latino children in the early 20th Century. Filed in the Colorado district court, 12th district, in 1912 by Francisco Maestas against the Alamosa School District Superintendent and Board of Education in 1913, the case precedes Del Rio ISD v. Salvatierra by sixteen years, Alvarez v. Lemon Grove by seventeen years and Mendez v. Westminster by thirty-three years. The court ruled in favor of Maestas and the other Latino families.
Hedgepeth and Williams v. Board of Education, Trenton, NJ, 131 N.J.L. 153, 35 A.2d 622 (1944), also known as the Hedgepeth–Williams case, was a landmark New Jersey Supreme Court decision decided in 1944. The Court ruled that since racial segregation was outlawed by the New Jersey State Constitution, it was unlawful for schools to segregate or refuse admission to students on the basis of race. The case led to the formal desegregation of New Jersey public schools and was a precursor to Brown v. Board of Education.
Delgado V. Bastrop Independent School District was a Federal Circuit court case based out of Bastrop county that ruled against the segregation of Mexican-Americans in the public schools of Texas. The court's decision was argued on the standpoint of the Mendez et al. v. Westminster et al. court case and lack of Texas law for segregation of those of Mexican descent, and also stated that Mexican-Americans were separate from African-Americans as had been ruled in Plessy v. Ferguson. This case stated that except for the instance of separating individuals based on severe language difficulties in first grade, the school districts could not segregate their schools between Anglos and Mexican-Americans; moreover, the local school leaders and districts needed to take active action against it or they would also be liable for the results of segregated education. Though this case helped establish a baseline in the law against Mexican-American segregation in public schools, it took many more years and future lawsuits for action to follow through with the actual rulings of the court.
Cisneros v. Corpus Christi Independent School District (CCISD) was a 1970 federal court case in the Southern District of Texas which determined that Mexican Americans were an "identifiable ethnic-minority group," and were subject to discriminatory educational practices. The case involved the Corpus Christi Independent School District of Texas, accused of segregating and performing discriminatory acts towards Mexican American students.
