It seems like every time a legislative body wants to do something that it was designed to do (i.e. write legislation), some judge sticks his or her nose in and mucks it all up. This seems to be exactly what is happening in New Orleans:
Restraining Order Placed on Charter School Plan in New Orleans
With Hurricane Katrina forcing 55,000 students away, New Orleans education officials are seeking to seize upon the opportunity to overhaul the city's public education system. On October 7, the Orleans Parish School Board voted 4-2 to charter 13 schools on the city's west bank. A week later, however, an Orleans Parish Civil Court judge ordered the School Board to stop the plan, granting a motion by an Algiers community group that alleges the decision was made without adequate public input. In the ruling, the judge said the board's decision shows "a flagrant disregard of the constitutional right of public participation in government." School Board Vice President Lourdes Moran, who pushed for the chartering, said "This will be resolved and we will move forward." Charters may be the only way to get West Bank schools open in November, she said. "We have families that want to come back, and this is being done to accommodate them."
Note: Hat tip to Mrs. B for finding this gem. Sorry I cannot attribute the story right now.
-tre
Um...I'm assuming that the school board members are ELECTED officials? Wouldn't that constitute "public participation in goverment?" I mean, don't we still live in a REPRESENTATIVE democracy? Just because LA follows the Civil Code doesn't mean that every governmental action is subject to a public referendum, does it?
Posted by: RAM | 20 October 2005 at 10:46 AM
We can't blame the judge - when the vacancy for his seat on the Orleans parish bench came available, he was the only one available who had had no discernible position and/or judicial philosophy at all and was therefore the best person to fill the poisition. Plus, I heard he's really loyal, a nice guy, always has M&M's on his desk, and is a swell bowler, too. Who needs anything else in a jurist???
Posted by: Boru | 20 October 2005 at 04:52 PM
You two are getting quite cynical.
Posted by: Matthew | 21 October 2005 at 11:04 PM