progress, and a signal small victory, in the california textbook case.
---------- Forwarded message ----------
Date: Aug 19, 2006 2:38 AM
Subject: JUDGE ALLOWS CAPEEM'S TEXTBOOK LAWSUIT TO GO FORWARD
Congratulations to all concerned Hindus! We are pleased to inform you that our lawsuit has taken firm ground in the federal court. The court's ruling rejects an initial challenge to the lawsuit. While it is a victory, it is also the beginning of a long battle. The next phase of the lawsuit will require all of our efforts and resources.
Below is our press release. We thank you for your continued support for the California parents to protect the interest of the Hindu children in the US and for promoting proper understanding of our heritage in school education.
With best regards,
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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 members of California Department of Education and the State Board of Education "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.
Your donation is going to be tax-exempt. CAPEEM is in the process of getting the non-profit status. It may take several months before we get the official approval. If you are concerned about it please donate to HICAD (Hindu International Council against Defamation), who is going to give the funds to CAPEEM. HICAD Tax-ID: 22-3810334.
You can send a check directly to CAPEEM (payable to CAPEEM).
P.O.Box 280442, Northridge, CA 91328
You can send a check to HICAD (Payable to HICAD, in the memo write: 'CAPEEM' or 'California parents'). HICAD address: 22 Jackie Drive Morganville, NJ 07751
To learn more about the lawsuit, please visit www.capeem.org
To learn more about this issue of textbook scandal please visit www.eshiusa.org and go to Resources section (read articles and watch PowerPoint presentations)
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