May 14, 2009 the people of Ardmore were forced to sue the Lower Merion School District beccause the redistricting plan that was enacted used race as a criteria.
LMSD vehemently and vigorously denied that race played any role in the plan, both before and after the filing.
May 13, 2010 Judge Michael Baylson agreed with the people of Ardmore.
Following trial, the Court finds that race was one of several factors motivating the School Administration, as it developed and recommended redistricting plans. The Administration’s recommendation to the Board, to redistrict Plaintiffs to Harriton High School, was based largely on the fact that Plaintiffs’ neighborhood of residence has a heavy concentration of African–American students, and that Harriton had a significantly lower African–American student population than Lower Merion High School prior to redistricting. Like a leitmotif in a Wagner opera, a recurring theme with variations, the process of redistricting repeatedly embraced the goal of achieving racial parity between the two high schools. As Justice Holmes stated in Schenck v. United States, 249 U.S. 47, 52 (1919), “the character of every act depends on the circumstance in which it is done.” The circumstantial evidence introduced at trial leads, like a well–worn path through the woods, inescapably to the finding that race was a motivating factor for the Administration.
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Page last updated: Tue, 07 Jul 2015 07:03:31 -0400