BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          ACR  
          146 (Weber)


          As Introduced  February 29, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |10-0 |Mark Stone, Wagner,   |                    |
          |                |     |Alejo, Chau, Chiu,    |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Holden, Maienschein,  |                    |
          |                |     |Ting                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          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  








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            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. 


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



          EXISTING 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:  None.   


          COMMENTS:  It seems safe to say that when most people think of  
          successful legal challenges to racial segregation in the United  
          States (U.S.), 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  








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          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  
          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).)


          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  








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          school.  Judge Chambers' order was apparently the first  
          successful legal challenge to racial segregation in the United  
          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.




          Analysis Prepared by:                                             
                          Thomas Clark / JUD. / (916) 319-2334  FN:  
          0002666