LOS ANGELES, Calif. - The Los Angeles Unified School District must continue to run desegregation programs that provide all children access to a quality education, a state court of appeal ruled today in a decision that agreed with the ACLU of Southern California's position that the key programs should stand.

In the ruling, the 2nd District Court of Appeal rejected a legal challenge brought by the American Civil Rights Foundation, a group founded by Ward Connerly, which argued that the LAUSD's transportation and magnet school programs violated Proposition 209. That state ballot measure, passed by California's voters in 1996, prevents public institutions from granting preferences based on race, sex or ethnicity unless they are court-ordered.

Representing students and their parents, the ACLU/SC was one of two community groups that were allowed to intervene in the case.

'We're delighted that the court of appeal agreed that these desegregation programs are court-ordered and therefore are legally protected under Proposition 209,' said Catherine Lhamon, racial justice director for the ACLU/SC. 'Today's decision means that 56,000 students and families belonging to a wide variety of racial and ethnic groups will continue each year to benefit from the educational and career opportunities that the LAUSD's magnet and transportation programs make possible.'

The appellate court determined that the magnet school and transportation programs, intended to desegregate the district, were ordered and subsequently approved in Superior Court, and remained in effect at the time of the passage of Proposition 209. The programs therefore 'fall beyond the reach' of Proposition 209, the appellate court's decision said.

Many of the LAUSD's magnet schools are among its highest achieving, and have been a hopeful sign for district that has long struggled with low graduation rates and racially and economically divided schools.

'Today's decision has statewide implications because it confirms a line of lower-court opinions that have consistently held that Proposition 209 does not categorically bar school-district desegregation efforts - and that, instead, school districts must continue to take steps to desegregate schools in ways that are consistent with Proposition 209,' Lhamon noted.

'The court today rebuffed the misguided agenda of an isolated group that tries to stop desegregation efforts by hiding behind an overreaching misinterpretation of Proposition 209. California families can take comfort in today's court decision protecting all our rights to educational opportunity.'

Connerly's group originally challenged the legality of the district's programs in 2005. In 2007, a Superior Court judge upheld the district's use of race in determining admission to the programs, but Connerly's group appealed, leading to today's decision.

LOS ANGELES, Calif. - The Los Angeles City Council has approved a settlement that bans LAPD officers patrolling Skid Row from conducting unconstitutional searches of homeless individuals, and requires that officers undergo crucial training regarding the constitutional requirements to search and detain people.

The settlement with the ACLU/SC, National Lawyers Guild attorney Carol Sobel and the law firm of Hadsell Stormer Keeny Richardson & Renick LLP resolves a lawsuit against the LAPD for its unconstitutional searches of the homeless, and for probation sweeps that effectively criminalized homeless individuals.

During the first year of the city's so-called 'Safer Cities Initiative' on Skid Row, the LAPD gave out 12,000 citations, about twice the citywide average. Most of those infractions were for pedestrian violations. Residents and service providers complain police stop, detain, cite and arrest Skid Row residents for trivial violations like jaywalking or littering, making it more difficult for people to leave the streets behind.

'This settlement will ensure important checks on the LAPD's aggressive tactics on Skid Row. The constitution protects every Angeleno against unlawful stops and searches, from those living in Hollywood Hills to those sleeping on the streets of downtown,' said Peter Bibring, an ACLU/SC staff attorney. 'But abuses are bound to occur as long as the city tries to address homelessness on Skid Row as a law enforcement problem rather than a social problem. Especially at this time of year when many families are without homes, we hope that this agreement will help the city reframe its priorities and provide badly needed supportive housing and services that have successfully reduced homelessness in other cities.'

Added Sobel: 'This is an important step in protecting the rights of the poorest residents of our city. Now the work begins to see it is put into practice.'

Two years ago, Mayor Antonio Villaraigosa launched the Safer Cities Initiative, billing it as a multi-faceted, enlightened approach to deal with homelessness that would include supportive housing and transitional services. But no new housing or services have materialized.

Instead, according to studies, the city has flooded the area with police officers creating a law enforcement concentration hundreds of times greater than in other parts of the city. Meanwhile, police have stepped up enforcement of minor violations often targeting the most vulnerable.

Under the settlement, officers who are on the front lines of the LAPD's cleanup of downtown's Skid Row will be provided with scenario-based training on lawful stops, searches and detainment. However, the Safer Cities Initiative continues to be the subject of ongoing community opposition and litigation.

The one-hour mandatory training will focus on federal laws that prohibit officers from using minor infractions such as jaywalking or sleeping on the sidewalk as a pretext to search or detain individuals when there is no evidence that a crime has been committed.

LOS ANGELES, Calif. - A high-school class president who was prohibited from wearing a homemade 'Prop. 8 Equals HATE' T-shirt at school must be allowed to wear it because the message is protected free speech under both the federal and state constitutions as well as state statute, the ACLU of Southern California has told officials of Big Bear High School.

Attorneys for the ACLU/SC have sent a letter to the officials demanding that they acknowledge their action was unlawful and allow sophomore Mariah Jimenez to wear the T-shirt to school if she so chooses.

Citing extensive federal and state law on free speech, ACLU/SC staff attorneys Peter Bibring and Lori Rifkin state in the letter that a school may not simply prohibit speech because it presents a controversial idea and could incite opponents of the speech to cause a disruption. Schools can only prohibit speech that incites disruption because it specifically calls for a disturbance, or because the manner of expression is so inflammatory that the speech provokes a disturbance.

'School administrators can't silence a student whenever they fear someone might be annoyed or offended by the student's views,' said Bibring. 'The First Amendment's protections are at their strongest for political speech, which often deals with controversial issues.'

On Nov. 3, one day before California residents were to vote on Proposition 8, Jimenez wore a T-shirt to school on which she had written, 'Prop. 8 Equals HATE.' The proposition sought to amend the state constitution and prohibit same-sex marriage.

Jimenez encountered no problems during the morning hours, other than a few students who disagreed with her by telling her, 'Vote yes on Prop. 8.' But during Jimenez' sixth-period class, teacher Sue Reynolds objected to the shirt, telling Jimenez that she should not be wearing such a divisive message. Reynolds sent Jimenez to the principal's office.

Principal Mike Ghelber insisted Jimenez either take off the shirt or remain in the principal's office. Jimenez took off the shirt and returned to class.

'The answer to controversial speech isn't censorship, but more speech,' attorney Rifkin said. 'Instead of stopping Ms. Jimenez from wearing a shirt because other people may disagree with its message, the school district should use this as an opportunity to educate both teachers and students about the importance of free speech and nondiscrimination.'

Image: Mariah Jimenez, wearing her DIY shirt.