White woman wins in court:

Tyrone N. Butts

APE Reporter
5th Circuit rules against magnet school's admissions policy

Parents of a student who was turned away from Caddo Middle Magnet School received word Tuesday that the 5th U.S. Circuit Court of Appeals agrees with them: The school's admissions policy is a quota system.

The court reversed and remanded the Caddo School System's victory in the lower court, leaving Julie Ann Cavalier satisfied with her decision to file suit -- not to mention her decision to pursue it without hiring a lawyer.

"I'm not an attorney. I was just a mad mom."

Cavalier and her husband, Jerry, sued in 2002 on behalf of their son Hunter, who was put on a waiting list to get into Caddo Middle Magnet.


The Cavaliers' contended the school's admissions policy unfairly favo
red black students because the system is trying to achieve racial balance on the campus.


Caddo schools Superintendent Ollie Tyler said she was unaware of the decision and had not seen the ruling. She declined to comment until after she has an opportunity to review the decision with the school system's attorney.

Caddo Middle Magnet was created after the system entered into a desegregation consent decree in 1981. The school was to have an enrollment within 15 percent of a 50-50 mix of white and black students. The lawsuit contended that a 1990 court order releasing the school system from parts of the consent decree rendered concerns about racial balances invalid.

Taking the suit pro se -- Latin for "for himself" -- the Cavaliers appealed the case to the 5th Circuit. There, Julie Ann Cavalier said, she had wanted th
e court to make a decision based on written briefs.

But the court requested an oral argument on the case, and on May 3, Julie Ann Cavalier made h
er points before the court.

"I had to present it in front of the 5th Circuit court myself. Any other situation like that, and I'd have been a nervous wreck," she said. "But I had a lot of people praying for me. It was a good experience."

Shortly after the oral arguments, the school system offered Hunter admission into Caddo Middle Magnet. The Cavaliers turned down the offer. In response, the School Board filed a motion to dismiss the appeal. The Cavaliers continued to press the case -- and the court agreed -- contending that the admissions policy is wrong.

"It was a little bit too little, too late," Julie Ann Cavalier said.

Hunter, now 14, attends Calvary Baptist Academy.

She said she isn't even sure what the entirety of the decision means.<b
r>
"The only thing we know is that they ruled the admissions policy is unconstitutional. Basically, the 5th Circuit ruled Caddo Middle Magnet's admissions policy is a quota system.

"All we know is that we b
eat them," she said. "Caddo Parish may take it to the Supreme Court, but I doubt it. I've said all along I'd take it as far as I had to."

***********
Memo to Julie Ann Cavalier: You da man....o' rather, you da woman!


T.N.B.
 
Caddo School board to ask for rehearing on magnet admission case

Caddo Parish public magnet schools will remain intact, at least for the time being, as the district asks a federal court to reconsider a ruling declaring race-based admissions procedures unconstitutional.

The petition for a rehearing means students seeking admission to one of the eight magnet schools will have to wait a couple of weeks longer for admission letters to arrive.

A three-judge panel with the U.S. Fifth Circuit Court of Appeal in New Orleans issued the ruling on March 1.

Caddo Parish School Board members on Monday voted to asked the three-judge panel and a 16-judge pane
l to rehear the case and put on hold any action stemming from the ruling during the rehearing
.


Caddo schools Superintendent Ollie Tyler pledged Monday that Caddo won't dismantle the magnet schools.

"If a child is already in a magnet school, he or she will remain in the magnet school," Tyler said.

She estimated 1,000 students seeking first-time admission to the schools are affected by the delay in mailing acceptance letters. Admissions picks for Caddo Middle Magnet, Herndon Elementary/Middle Magnet and South Highlands, Judson, Claiborne, Fairfield and Eden Gardens elementary magnet schools were to go to Caddo Parish families this weekend.

Kevin and Julie Cavalier of Shreveport challenged the magnet school selection process in 2002 after their son, Hunter, was denied admission to Caddo Middle Magnet. That school and the other seven use race-based policies to try to provide a balance between black and white students because of a 1981 deseg
regation order.

"We're not surprised that they asked for a rehearing. The disappointing thing is it
's not going to cost them, it's going to cost the taxpayers. Of course, we hope the court won't rehear it," Julie Cavalier said. "This issue just needs to be put to rest."


Cavalier, who presented the case herself without the help of an attorney, said she's ready to go back to court if Fifth Circuit decides to take another look at the case.

Caddo School Board attorney Reggie Abrams said it could take a couple of weeks for the three-judge panel to decide if it will rehear the case.

"We will look at points we think they missed and points we think they shouldn't have considered in a request for summary judgment," Abrams said of the board's request.

*************
Caddo Parish School Board members on Monday voted to asked the three-judge panel and a 16-judge panel to rehear the case and put on hold any action stemming from the ruling during the rehearing.

Niggers hate to lose, they just can't accept it.

T.N.B.
 
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