Notice of Motion to Dismiss Petition in Mendez v. Westminster
4/4/1945
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In the Fall of 1944, Gonzalo and Felicitas Mendez tried to enroll their children in the Main Street School in Orange County, California, which Gonzalo had attended as a child. However, the school district had redrawn boundary lines that excluded Mexican neighborhoods. The Mendez children were assigned to Hoover Elementary School, which was established for Mexican children.
Other Orange County Latino parents faced similar situations with their children. With the help of the United Latin American Citizens (LUCAC), they joined with the Mendez family and sued four local school districts – Westminster, Garden Grove, and El Modeno School Districts and the City of Santa Ana – for segregating their children and 5,000 others. The landmark case came to be known as Mendez v. Westminster School District.
The petition from the parents stated that the schools were violating students' civil rights by segregating students of "Mexican and Latin" ancestry in separate schools. The attorney for the school districts sent this notice to Mendez and the other plaintiffs, notifying them of their plan to make a motion to dismiss the petition on the basis that the Court lacked jurisdiction over the matter.
Ultimately in the case, U.S. District Court Judge Paul J. McCormick concurred with the petitioners, issuing an injunction against the school districts' segregation policies. He stated that there was no justification in the laws of California to segregate Mexican children and that doing so was a "clear denial of the equal protection clause of the 14th Amendment."
The school districts filed an appeal, partly on the basis of a states' rights strategy. The U.S. Ninth Circuit Court upheld the District Court ruling in 1947, and the Orange County school districts dropped the case.
Other Orange County Latino parents faced similar situations with their children. With the help of the United Latin American Citizens (LUCAC), they joined with the Mendez family and sued four local school districts – Westminster, Garden Grove, and El Modeno School Districts and the City of Santa Ana – for segregating their children and 5,000 others. The landmark case came to be known as Mendez v. Westminster School District.
The petition from the parents stated that the schools were violating students' civil rights by segregating students of "Mexican and Latin" ancestry in separate schools. The attorney for the school districts sent this notice to Mendez and the other plaintiffs, notifying them of their plan to make a motion to dismiss the petition on the basis that the Court lacked jurisdiction over the matter.
Ultimately in the case, U.S. District Court Judge Paul J. McCormick concurred with the petitioners, issuing an injunction against the school districts' segregation policies. He stated that there was no justification in the laws of California to segregate Mexican children and that doing so was a "clear denial of the equal protection clause of the 14th Amendment."
The school districts filed an appeal, partly on the basis of a states' rights strategy. The U.S. Ninth Circuit Court upheld the District Court ruling in 1947, and the Orange County school districts dropped the case.
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 6277729
Full Citation: Notice of Motion to Dismiss Petition; 4/4/1945; Civil Case File 4292; Gonzalo Mendez et al v. Westminster School District of Orange County et al, 3/2/1945 - 7/18/1947; Civil Case Files, 1938 - 1995; Records of District Courts of the United States, Record Group 21; National Archives at Riverside, Perris, CA. [Online Version, https://docsteach.org/documents/document/motion-dismiss-petition, September 15, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
