CA AllowsTextbook Lawsuit Move Forward

August 29, 2006

CAPEEM's lawsuit moves forward. Judge Frank C. Damrel of the US

District Court in the Eastern District Court of California gave his

judgement on Friday, Aug 11th, 2006.

Press Room

For Immediate Release

JUDGE ALLOWS CAPEEM'S TEXTBOOK LAWSUIT TO GO FORWARD

Los Angeles, August 11, 2006

California Parents for the Equalization of Educational Materials

(CAPEEM) scored a victory on Friday when United States District Court

Judge, Frank C. Damrell, Jr. ruled that CAPEEM's lawsuit on the

textbook adoption process can proceed.

Judge Damrell rejected the defendants' arguments that CAPEEM lacked

standing to bring the lawsuit. The Court ruled that CAPEEM had

sufficiently alleged that "[the] parent members of CAPEEM and their

children would suffer an injury in fact that is concrete,

particularized and imminent."

In addition to challenging CAPEEM's standing, the defendants attacked

the substance of CAPEEM's Equal Protection Clause claims.

The Court rejected these arguments, ruling that allegations of

"repeated scrutiny of proposed edits; secretive processes in making

final decisions; and, hostile academic advisors . . . if true, could

establish grounds for relief under an Equal Protection claim."

Finally, Judge Damrell ruled that the claims of the CDE/SBE members

"acting in their official capacities [are] not barred by the Eleventh

Amendment".

Reacting to the judgment Rajesh Goswami, a director of CAPEEM, said,

"Judge Damrell's ruling recognizes the gravity of harm resulting from

an unequal process as applied to minority religious and ethnic groups

and the harm from educational materials which denigrate those groups.

CAPEEM is extremely enthusiastic about the court's ruling that its

lawsuit can proceed."

Venkat Balasubramani, CAPEEM's lawyer, likewise expressed satisfaction

with the ruling.

For more information contact:

Murali Menon 310-804-5126 Email: info (AT) capeem (DOT) org

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