Petition in Mendez v. Westminster School District
3/2/1945
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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 shown here summarizes the complaint made by the parents. It charges that the schools were violating students' civil rights by segregating students of "Mexican and Latin" ancestry in separate schools. The Petition notes "That all children or persons of Mexican or Latin descent...are now excluded from attending, using, enjoying and receiving the benefits of the education, health and recreation facilities of certain Schools." The complaint further charged "that said children are now and have been segregated and required to and must attend and use certain Schools in said District and Systems, reserved for...children and persons of Mexican and Latin descent..."
During the U.S. District Court trial, Orange County superintendents used stereotypical imagery of Mexicans to explain the basis of school policy. One declared, "Mexicans are inferior in personal hygiene, ability, and in their economic outlook." He further stated that their lack of English prevented them from learning Mother Goose rhymes and that they had hygiene deficiencies, like lice, impetigo, tuberculosis, and generally dirty hands, neck, face and ears – warranting separation.
The attorney for Mendez, David Marcus, called in expert social scientists as witnesses to address the stereotypes. He had fourteen-year-old Carol Torres take the stand to counter claims that Mexican children did not speak English. Felicitas Mendez also gave testimony about her family life: "We always tell our children they are Americans." Marcus also challenged the constitutionality of education segregation based on the 14th Amendment.
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.
Mendez v. Westminster School District landed an important blow to school segregation in California. And it underscored that the struggle for civil rights in America crossed regional, racial, and ethnic lines. Amicus curiae briefs were filed in this case by the NAACP (coauthored by Thurgood Marshall) and several other civil rights organizations, including the American Jewish Congress, the ACLU, the Japanese American League and the National Lawyers Guild. The case resulted in the California legislature passing the Anderson bill, a measure that repealed all California school codes mandating segregation. The bill was signed by Governor Earl Warren.
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 shown here summarizes the complaint made by the parents. It charges that the schools were violating students' civil rights by segregating students of "Mexican and Latin" ancestry in separate schools. The Petition notes "That all children or persons of Mexican or Latin descent...are now excluded from attending, using, enjoying and receiving the benefits of the education, health and recreation facilities of certain Schools." The complaint further charged "that said children are now and have been segregated and required to and must attend and use certain Schools in said District and Systems, reserved for...children and persons of Mexican and Latin descent..."
During the U.S. District Court trial, Orange County superintendents used stereotypical imagery of Mexicans to explain the basis of school policy. One declared, "Mexicans are inferior in personal hygiene, ability, and in their economic outlook." He further stated that their lack of English prevented them from learning Mother Goose rhymes and that they had hygiene deficiencies, like lice, impetigo, tuberculosis, and generally dirty hands, neck, face and ears – warranting separation.
The attorney for Mendez, David Marcus, called in expert social scientists as witnesses to address the stereotypes. He had fourteen-year-old Carol Torres take the stand to counter claims that Mexican children did not speak English. Felicitas Mendez also gave testimony about her family life: "We always tell our children they are Americans." Marcus also challenged the constitutionality of education segregation based on the 14th Amendment.
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.
Mendez v. Westminster School District landed an important blow to school segregation in California. And it underscored that the struggle for civil rights in America crossed regional, racial, and ethnic lines. Amicus curiae briefs were filed in this case by the NAACP (coauthored by Thurgood Marshall) and several other civil rights organizations, including the American Jewish Congress, the ACLU, the Japanese American League and the National Lawyers Guild. The case resulted in the California legislature passing the Anderson bill, a measure that repealed all California school codes mandating segregation. The bill was signed by Governor Earl Warren.
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 294940
Full Citation: Petition; 3/2/1945; 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/petition-mendez, April 27, 2025]Activities that use this document
- School Desegregation Court Cases: Mendez v. Westminster and Brown v. Board
Created by the National Archives Education Team - School Desegregation Court Cases: Mendez v. Westminster and Brown v. Board (COPY)
Created by the National Archives Education Team
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