In September, a unique lawsuit was filed in Michigan against Gov. Rick Snyder and numerous state education officials, claiming that students in Detroit are being denied their constitutional right to literacy. The 133-page complaint, filed by the pro-bono Los Angeles-based firm Public Counsel, is attempting to gain class action status.
The lawsuit highlights poor conditions in Michigan schools, like classrooms so hot teachers and students literally vomit, vermin in schools, outdated and limited books, an overall lack of teachers, and much more. Detroit’s school districts have some of the lowest performing schools in the country.
“In one elementary school, the playground slide has jagged edges, causing students to tear their clothing and gash their skin, and students frequently find bullets, used condoms, sex toys, and dead vermin around the playground equipment,” the lawsuit reads.
The lawsuit is attempting to build off of the 1954 US Supreme Court case Brown vs. Board of Education, and assert that students have a right to literacy under the Fourteenth Amendment. That may sound like a heavy lift, but many legal scholars not involved in the case believe the case could be successful and historic.
“The legal theory underlying the suit is both creative and rock-solid,” Harvard constitutional law professor Laurence Tribe told the Guardian earlier in September. “If you think of Brown v. Board as one shoe that dropped, this is the other shoe,” he said, “because though it eliminated, technically, inferior schools for blacks, and eliminated de jure segregation, it didn’t achieve one of its basic goals. And that is a decent educational opportunity for all kids, regardless of race, regardless of class, regardless of geography. That’s become a more elusive goal.”
AlterNet recently spoke with attorneys Joshua Anderson and Michael Kelley, who are representing the seven students bringing the lawsuit, to learn more about the case as it stands, and the road ahead. The interview…