We have had many cases of segregation over the last 200 years. Even before
the Civil War occurred slavery existed. Slavery was abolished through the
thirteenth amendment in January 31st of 1865, and ratified by the
states in December 6th of 1865. Although slavery was abolished, African
Americans were not treated equal nor they were given the same rights. Plessy Vs. Ferguson in 1896 is a popular case
of segregation. During this time the
phrase “Separate but Equal” was very popular. The Supreme Court concluded that a Louisiana law requiring whites and
blacks to ride in separate railroad cars did not violate the Equal Protection
Clause. It was more about the
same quantity not quality. The fourteenth amendment sates that no one could be
denied equal protection of the law.”
Plessy argued that "Our Constitution is color blind, and neither
knows nor tolerates classes among its citizens." In other words, that our
constitution is for us to be treated equal and does not approve of different
social classes among them.
Although many
reflect on the issues of segregation as a North and South problems it occurred
in the West as well, where it was a place of equally discriminating policy.
Several years later
another case of segregation occurred in Topeka, Kansas.
A well-known case that
dealt with segregation called the “Brown
vs. Board of Education in 1950. It had to do with the segregation of African American
children from White children in schools. African American children were not
allowed to go to white schools. The parents of the African American children
did not agree with what the Whites were doing, so they contacted the NAACP. (National
Association for the Advancement of Colored People) which was “Founded in 1909, the
NAACP is the nation's oldest and largest civil rights organization. From the
ballot box to the classroom, the thousands of dedicated workers, organizers,
leaders and members who make up the NAACP continue to fight for social justice
for all Americans.( NAACP.Org)
They lost the first case, but did not give up. They took
the case to Superior courts, and rejoiced with victory. Yet, segregation
continued.
This was not the first case that was heard about desegregation.
Twenty years earlier the first desegregation case took place. About 80 years have
gone by since the Alvarez vs. Lemon
Grove District went to court, in Southern California. In this case Mexican
Immigrants and their communities were the ones who were targeted of segregation
by the all-White Lemon Grove school Board. This case took place during the
Great Depression Era. It was not only the first desegregation case, but a
successful case.
In this paper I will explain and go into detail what
was happening during the time that the case was taking place, and description
of how Lemon Grove was portrayed , what the case was about, and those who were
involved, nevertheless the outcome of
the case.
During
the 1930’s the Great Depression Era occurred, when stock markets crashed, jobs
were limited and Mexican Americans were being deported back to Mexico. It
affected many, but struck the Mexicans the hardest, for they feared to be
deported.
Lemon Grove provided the Californios and
Mexicanos jobs. For instance, jobs in agriculture, mining, and railroads. About fifty Mexican families settled to live
in Lemon Grove. Some Mexicans migrated from other near by town, creating a
close relationship, rather than being scattered around. They formed a community
of Baja Californios in Lemon Grove. Many families had many been there for many
years, some had children that were American citizens by birth. Babies that were
born in American soil to immigrants were referred as “anchor babies.” Many of
these families desire to come to the U.S was so that their children can receive
a better education and be someone in life.
In
Bakersfield a family from so many other Mexican families were deported. Which
the pinas described to the USA Today, "They came in with guns and told us to get
out," recalls Piña, 81, a retired railroad worker in Bakersfield, Calif.,
of the 1931 raid. "They didn't let us take anything," not even a
trunk that held birth certificates proving that he and his five siblings were
U.S.-born citizens.
The deportation of Piña's family tells an
almost-forgotten story of a 1930s anti-immigrant campaign. Tens of thousands,
and possibly more than 400,000, Mexicans and Mexican-Americans were pressured —
through raids and job denials — to leave the USA during the Depression,
according to a USA TODAY review of documents and interviews with historians and
deportees. Many, mostly children, were U.S. citizens.(Koch, USA Today).
The
Great Depression was horrible. The Mexicans lived day by day waiting to see if
they were next in being deported and struggled harder to make ends meet.
Described by La Mesa Scout (1926) as “one of the prettiest spots in the San
Diego suburban district… the hills surrounding the town are covered with fine
lemon and orange groves that are producing hundreds of dollars… each year.
Lemon Grove district was mainly populated by the better class people, which
chose to live and call San Diego their home. However, things changed for them
when little by little Mexican families started to settle in Lemon Grove. Most families immigrated into San Diego
County from many near by town. (Alvarez 1)
It
was January 5, 1931 was the day that Principle Jerome T. Green from Lemon Grove
Grammar School took action, after being instructed from the school trustees to
except all students, but not the Mexican students. The children were humiliated
and put down. Jerome instructed them to
leave to the barn, which would be there “new school” he told them they did not
belonged there.
Of
course the children where not happy with what they heard. They immediately went
home and informed their parents, and told them what had happened. The parents
where furious! The parents had not been informed about this, so it took them by
surprise.
On
July 23rd, 1930 about six months before the barred entrance, the
board had met. That was the day that
they discussed the separation, of the Mexican children from the American
children.
The
children were embarrassed to go to “school in barn” where they were provided
two teachers, used supplies, hand me down books and desks. Of course the parents did not allowed their
children to go to school. Even though,
during this time the national repatriation was taking place, this was to lower
the number of alien Mexicans in California, the parents did not think twice
about defending their children. The repatriation was when they deported Mexicans you looked like one and you would be deported, paid train and
everything.
The
parents were not going to let no one get over on them and their children. Most
of the 75 Mexican children who attended that school were citizens. There was a
total of 169 that students that attended that school. Those children had the
same rights as the American children. The Mexican American joined with the
immigrant parents were not going to let this happen. They would fight to
established the rights of their children to equal education, despite what the
majority of the population favored, segregation, and deportation of the Mexican
population in the United States.
It
was then when the parents of these children decided to reach out to Enrique
Ferreira who had been the Mexican Consul for about ten years, for advice. With
some help from him they took Lemon Grove school board to court, for they felt
that segregating their children from school was unethical. Ferreira contacted attorneys, Fred C. Noon
and A.C. Brinkely to act as legal consul for the Mexican American parents in
Lemon Grove. The families got together and organized a Comite de Vecinos de
Lemon Grove.
The
parents went beyond asking for help from the Mexican Consul; they went to the
speaking Spanish community, the media and other latinos to get support on what
was going on. While this was happening, the all- white Lemon Grove school board
was panicking, They had no idea that this would happened. Of course they
thought that the parents of these children were going to accept anything, for
they would be afraid to being deported.
The Lemon
Grove all-white school board did not feel they were doing anything wrong. The
so called new school could held about 85 desks, it had a playground, it was
built on the side of their convenience, they
required special attention and would receive it there. They argued that the
school was built on purpose to establish an Americanization school where they
would receive better instruction that they were not able to get at the larger
school.
The Lemon Grove argued that the
Americanization school was not intended to be a segregation of Mexican
children.
Still the parents did not care
about their reasons.
Robert Alvarez speaks in a documentary that he
was the lead plaintiff in the 1931 lawsuit against the Lemon Grove Board of
trustees. His parents were the ones who organized, and got most of the Mexican
community involved. Many were scared at first, for they did not want to be
deported.
The court case focused around
a rebuttal of the school board's claims concerning the backwardness and
deficiencies of the Mexican American children. In addition to the plaintiff
representing the children at large, ten principal witnesses took the stand to
illustrate the inaccurate generalizations concerning the scholastic
achievements of the Mexican children. But the major questions were levied at
the school board and school staff.
Judge Chambers: When there are American children who are
behind (in grade level), what do you do with them?
Answer: They are kept in a lower grade.
Judge: You don't segregate them? Why not do the same
with the other
children?
Wouldn't the association of American and Mexican
children be favorable to the learning of English for these (Mexican) children?
Silence is the answer.
Lawyer Noon: All the Mexican children were behind (in
their work)?
Answer: Many of them from the Lemon Grove School
counsel.
Noon: How did they behave in school?
Answer: The older ones behaved themselves; the younger
ones gave us a lot
of work.
Noon: What was the reason for separating them?
Answer: To provide them with more personal attention.49
In concluding Judge Chambers stated:
"I understand that you can
separate a few children, to improve their education they need special
instruction; but to separate all the Mexicans in one group can only be done by
infringing the laws of the State of California. And I do not blame the Mexican
children because a few of them are behind (in school work) for this
segregation. On the contrary, this is a fact in their favor. I believe that
this separation denies the Mexican children the presence of the American
children, which is so necessary to learn the English language." (Alvarez
5)
The Judge himself knew what they
were doing was not with a good intension. He felt that they all had the same
rights, regardless of how fast one learns. The Lemon Grove Board felt that
their children were being held back because the instructors could not proceed
because the Mexicans could not catch up. What the whites feared the most was
their children being mixed with Mexican children, they did not want them to end
up together in the future. They were afraid of the multi-cultural.
This is case that is not heard
about, for they isolated it and made it a local thing. After two months, the Mexican children were
able to go back to school. They were
happy!
This
is a case that shows if we stand next to each other to fight for our rights, it
can become reality. The parents of these children were afraid, yet they fought
for their childrens’ right. Many of them had been living in Lemon Grove for a
very long time. I have two daughter that
I would fight for no matter what! These
poor children were forced to act like Americans. They were hit if they spoke
Spanish. They were not allowed to act like a Mexican. The instructors were
watering down their cultures. They were depriving them from their background. I
feel that this case is important to many, and myself because thanks to them now
we are all able to mix in schools and are all treated equally.
The Plessy V. Ferguson might have
not won, but did bring a lot of attention of how wrong it was. The Brown case
lost the first case, but did not give up. That shows that we as human have
determination to fight for what is right. We should all be treated equally, for
we are all humans.
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