Victory for the first amendment and for those struggling to protect public schools from closures and charter school invasions!

Today [January 15, 2010], U.S. District Judge Alvin Hellerstein delivered a ruling granting parent, student, and teacher protesters, who are members of The Emergency Coalition to Stop School Closures, the right to protest on Mayor Bloomberg’s block in New York City. Judge Hellerstein ruled that we live in a democracy, and to the greatest extent possible, we have to find ways to protect our citizens, while not compromising the constitutional rights of others, to demonstrate and express their views.

He went on to say that in assessing those values, he found that First Amendment rights support the kind of orderly and peaceful protest the plaintiffs sought to organize. Judge Hellerstein also added that the plaintiffs have the right to a peaceful picket to express their views in relation to important educational policies, particularly the increase in charter schools in the city. Attorneys Norman Siegel and Herbert Tietelbaum successfully argued the case.

“We are very pleased with the Judge’s decision. It is a major win for the right of New Yorkers to peacefully protest including on East 79th Street where the Mayor resides,” said attorney Norman Siegel.

“This is a victory not only for the plaintiffs, but for all who want to express their views to elected representatives,” added attorney Herbert Tietelbaum.

“I am proud our efforts were successful and that we can take a stand in front of the city and the mayor to prevent the closing and phasing out of our school. Most of all I am happy we can voice our opinion on the city pushing out students in need in order to make room for charter schools and small schools that are very selective,” said Khalilah, a student from Maxwell High School.

“I am humbled that a homemaker from Red Hook, Brooklyn can take a stand against City Hall and win," Lydia Bellahcene, parent, P.S. 15 in Brooklyn. "The struggle to save our schools and public education is just beginning. Please join us on January 21st on the Mayor’s block to send a message that says no, to the expansion of charter schools in schools like my children’s, P.S. 15 in Red Hook, Brooklyn. We also say no, to the ill defined school closings that pave the way for more charter schools and continue the dismantling of public education.”

“Today is historic for protesting in the City of New York. I am so proud to stand with the parents and students I serve as we fight not only for our right to organize, but as we advocate to protect and preserve public education in our great city," said Julie Cavanagh, who teaches at P.S. 15. "It is not lost on me as an educator that this decision was made on Martin Luther King’s birthday. His legacy of peaceful and loving activism captures the culture of our school, P.S. 15. It is in this spirit that we bring our voices and concerns to the Mayor’s block in the hopes that there, we will be heard. We want to thank, with much admiration and respect, our attorneys Mr. Siegel, Mr. Tittelbaum and their staff, for their tremendous hard work and their dedication to protecting not only our rights, but the rights of all New Yorkers. I also want to thank the amazing parents and students I am so proud to stand behind and support.”

“The decision reaffirms the rights of citizens to protest on a city sidewalk, and prevents the mayor from turning a public city street into his own private front yard. Furthermore, it will allow parents, students, teachers, and members of the 22 communities affected by school closures to have their voices of discontent heard by the Mayor,” Seung Ok, Teacher, Maxwell High School. “The right to demonstrate is not a given, it must be fought for, and we must be vigilant,” said Gustavo Medina, retired teacher, Jamaica High School.

Parents, students, and teachers will hold their peaceful protest on both the North and South side of Mayor Bloomberg's block; East 79st, between 5th and Madison Avenue on Thursday, January 21st, between 4-6:30 pm. Protesters will meet at 5th avenue, on the southwest [Central] park side of the block, which will be the staging area and starting point of the protest. In the event of an appeal from The City of New York, the protest will continue on January 21st, in compliance with the NYPD.

Media Contacts:

Lydia Bellahcene: lillytigre@yahoo.com, 347-463-9809, PTA PS 15- 718-330-9280

Julie Cavanagh: juliereed15@hotmail.com, 917-836-6465

Seung Ok: possitivelypessimist@gmail.com, 646-244-4468

Norman Siegel: 347-907-0867

Herbert Teitelbaum: 518-441-9412

Khalilah Dickerson- 347-264-4527/lilahmissco@hotmail.com

A group of parents, students and teachers will be able to bring their protests nearly to Mayor Michael Bloomberg’s doorstep, a federal judge ruled today.

The ruling sets the stage for what is likely to be one of the largest demonstrations against the city’s plan to close 20 schools and allow the expansion of charter schools inside many city school buildings.

Two students at a school slated for closure were among a group that sued this week for the right to rally outside the mayor’s home. They argue that the city has ignored their protests outside of the Department of Education’s Tweed Courthouse headquarters and at individual schools and want to bring the issue to the mayor’s door.

At issue in the suit was whether protesters would be able to demonstrate on the north side of 79th Street, directly in front of the mayor’s residence. The city police department, which has frequently denied requests to demonstrate outside the mayor’s home, had offered to allow the protesters to convene on the south side. Organizers declined to compromise, arguing that they have a civil right to protest on the public sidewalk.

Under the judge’s ruling, protesters will be allowed to gather on the southwest corner of 79th Street and Fifth Avenue and proceed to march along the full perimeter of the street (though not on the sidewalk) between Fifth and Madison Avenues.

“We feel obviously glad, first of all, that our First Amendment rights were protected,” said Julie Cavanagh, one of the plaintiffs in the lawsuit and a teacher at P.S. 15, a district school that currently shares space with a charter that wants to expand.

“And we understand that comes with a big responsibility to hold a peaceful and orderly demonstration, which we know it will be,” she added.

The city plans to appeal the decision, city attorney Diana Murray said in a statement.

“While we appreciate the Court’s implicit finding that the Police Department was warranted in determining that there are special security concerns on the sidewalk adjacent to the Mayor’s residence and that those concerns justify the Department’s refusal to agree to a protest procession on that sidewalk, we believe that the Court was wrong in directing that demonstrators be permitted to walk in the pavement, along the curb on both sides of the street,” Murray said.

Cavanagh said that if the city wins its appeal, organizers will still protest on the mayor’s block, following the police department’s original compromise of sticking to the south side of the street.