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  • Nov 8th, 2014 @ 12:06pm

    Re: Too bad I don't live in Texas

    Sorry for all the typos. I wrote this on my smartphone.:)
  • Nov 8th, 2014 @ 6:38am

    Too bad I don't live in Texas (as Bryan Carson)

    1If I were in Texas I wouuld offer to represent Lucero Tovar pro bono. This is a governmental action, bringing up violations of the 1st amendment as many have stated. However, it also appears to violate both procedural and substantive due process. Depending on the family's socioeconomic status, there may also be a 14th amendment equal protection problem. (Too bad minors are no linger considered a suspect classification.) definitely Ms. Tovar has a §1983 claim.

    As both a lawye and an educator with a doctoratre in ed, this sounds like an A± assignment to me. I don't blame the parents for sending Ms. Tovar to another district. As much as they may have wanted to fight, the best interests of the child mean that they should get her elsewhere.

    The Streisand Effect may shed some light on Ms. Chavez, the (unnamed) principal, and goings-on in Santa Maria Independent School District. If the superintendent had sued over this rediculous incident, it would have been a SLAPP and subject to the Texas Anti-SLAPP provisions. What is needed now, however, is a SLFPP, a Straegic Lawsuit FOR Public Participation.

    So I hope some Texas lawyer will help the family out. By the way, having read the original stories and comments, KGBT reporter Ryan Wolf from KGBT sounds like an excellent journalist.

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