Concerned People for Children, Families, and our Constitutional Rights!

Concerned People for Children, Families, and our Constitutional Rights!

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Concerned Californians started this petition to Department of Justice and

May 3, 2021

RE: People’s Formal Request for Federal Intervention

To: Congress, Executive Branch, Dept. of Justice, Federal Bureau of Investigation

Cc: The People of The United States of America   

We, The People of The State of California, assert our 1st Amendment right in the submission of this formal petition “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

We request congress and the executive branch investigate our grievances and offer redress also federal intervention. These grievances have persisted through President Biden's recent nomination for Deputy Secretary of Education (current San Diego Unified School District Superintendent, Cindy Marten). This nomination is a potential risk and threat to public schools throughout California and the NATION!

This petition is a result of ongoing direct violations in the following areas:

Our Constitutional Rights have not been protected and upheld by the local and state governments and the federal government has an obligation to act, intervene and also uphold the constitution.  

[The U.S. Constitution provides that Congress shall have the power to regulate commerce with foreign nations and among the various states.
the Fourteenth Amendment, specifically the Equal Protection and Due Process Clauses. Section 5 of that amendment provides that Congress has the power to enforce its provisions. In the case of Flores v. City of Boerne requires there be a “congruence and proportionality” between the injury to be remedied and the law adopted to that end]


The Eleventh Amendment provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State.” Congress has some ability to abrogate such state immunity.

Our 1st Amendment Rights, and civil liberties have not been protected by the local and state governments and they remain derelict in their duties to families.

  • NAACP was denied the right to peaceably assemble on Porter Elementary School Campus: 

https://www.sandiegonaacp.org/2019/05/07/letter-of-protest-regarding-the-naacps-ejection-from-porter-elementary-school-grounds/

https://www.sandiegonaacp.org/2019/05/07/porter-elementary-school-is-in-crisis/ 

  • Denial of student’s right to expression and right to peacefully protest, including kneeling on one knee

  • Intimidation and coercion of a student who identifies injustice on a school campus is in direct violation. This violation has repeatedly taken place on San Diego Unified School District campuses.    

Our 14th Amendment Rights (Fair and Equal Treatment under the Law & right to due process) have been vacated by all branches of government. We have and are experiencing unfair and inequitable treatment by local and state governments. We have received NO protections from our local and state governmental branches. The California government has abandoned their duty and  interest of fair and democratic representation to the majority of we the people in order to support and allow tyrannical rule by special interests that dominate and create unfair advantages.  The few should not rule and oppress the many.  Government has an obligation to protect our freedoms, not oppose and hinder them. 

Our Civil Rights have been denied and not upheld by local and state branches of government. According to the legislature:

SECTION 1. The Legislature hereby finds and declares all of the following:

(a) California is a leader in protecting civil rights and preventing discrimination.

(b) California’s robust nondiscrimination laws include protections on the basis of religion, race, national origin, sex, sexual orientation, gender identity, gender expression, and disability, among other characteristics.

(c) California’s strong public policy against unlawful discrimination is reflected in numerous statutes. The California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code) and the Unruh Civil Rights Act (Section 51 of the Civil Code) prohibit unlawful discrimination in employment, housing, public accommodation, and services provided by business establishments on the basis of certain personal characteristics, such as sex, race, color, religion, ancestry, national origin, age, disability, medical condition, genetic information, marital status, or sexual orientation. Section 11135 of the Government Code specifically prohibits unlawful discrimination on the basis of many of these same characteristics in the conduct, operation, or administration of any program or activity that is by the state or by any state agency, funded directly by the state, or receives any financial assistance from the state.

(d) California’s Public Contract Code similarly affirms these nondiscrimination policies and prohibits a state agency from entering into certain contracts with any contractor unless the contractor complies with all appropriate state laws concerning wages, workplace safety, rights to association and assembly, and nondiscrimination standards as well as appropriate federal laws.

(e) Both freedom of speech and religion are cornerstones of law and public policy in the United States, and the Legislature strongly supports and affirms these important freedoms.

(f) The exercise of one’s First Amendment rights is not a justification for engaging in acts of unlawful discrimination.

(g) California must take action to avoid supporting or financing unlawful discrimination against protected classes.

(h) It is the policy of the State of California to promote fairness and equality and to combat unlawful discrimination and if California hopes to remain a national leader on behalf of these communities, action must be taken to recognize that discriminatory laws and policies are unacceptable for California’s partners in business.

(i) California has significant influence in the marketplace. The state at times operates not as a market regulator, but as a market participant, and in this latter role it may determine that companies engaging in discriminatory actions in the conduct and operation of their business adversely affects the state’s procurement activities and places the state in a position of supporting activities that could be seen as a violation of the nondiscrimination policies of the State of California.

(j) It is the intent of the Legislature to ensure that taxpayer funds are not used to do business with or otherwise support any state or private entity that engages in discriminatory actions against individuals under the pretext of exercising First Amendment rights. This includes, but is not limited to, discriminatory actions taken against individuals of the Jewish faith under the pretext of a constitutionally protected boycott or protest of the State of Israel.

(k) It is the intent of the Legislature to ensure that taxpayer funds are not used to do business with or support discriminatory actions against any individuals.

(l) Whistleblowers are protected under the California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law

SEC. 2. Section 2010 is added to the Public Contract Code, to read:

A person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following:

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

We find these things to be untrue as our legal freedoms have not matched our experiences of freedom!

As you may know, there have been 2 million signatures collected with regards to California’s Governor Newsome citing an array of complaints including poor leadership practices

https://recallgavin2020.com

San Diegans and our allies have ZERO confidence in our local and State government branches due to the previously mentioned, and the following additional concerns regarding 


California Education-

Gross mismanagement of school budgets, particularly the 2 largest School Districts in the State of California. Both Los Angeles and San Diego Unified School Districts have the worst track record (data) in the management of School funds, the treatment of Black and Brown students, Policing practices in school settings, Special Education, Reopening, and FAPE.

https://www.kpbs.org/news/2020/jul/02/black-youth-more-likely-be-detained-san-diego-unif/

https://www.sandiegonaacp.org/2020/06/30/racism-at-serra-high/

https://www.disabilityrightsca.org/press-release/disability-rights-california-urges-san-diego-unified-school-district-to-take

https://www.kpbs.org/news/2021/feb/04/couple-san-diego-unified-denied-special-ed/

https://www.voiceofsandiego.org/topics/education/schools-like-porter-elementary-are-struggling-badly-and-theres-no-clear-plan-to-fix-them/

https://m.youtube.com/watch?v=THPOgwYpVvo&feature=youtu.be (Further discrimination continued after the recorded meeting re: discrimination w Superintendents Office) 


SD Unified- 1.3 Billion Dollar Budget. Superintendent has been nominated for a promotion to the US Dept. of Education where an exponential increase of Billions of Dollars awaits to be mismanaged. This is a significant risk factor to students all over the country.

 www.nomarten.com

https://districtdeeds.blog

Additionally, both Los Angeles and San Diego Unified School Districts have the worst track record (data) in the management of School funds, the treatment of Black and Brown students, Policing practices in school settings, Special Education, reopening, FAPE, etc.

https://www.sandiegonaacp.org/2020/06/30/racism-at-serra-high/ 

Examples of corrupt leadership

San Diego- 

  • Perpetual Inadequate academic progress leads to perpetual poverty rates

(PAGE 2 highlights Literacy Statistics San Diego County, particularly Southeast San Diego 92113, 92114) http://www.literacysandiego.org/wp-content/uploads/2018/07/Summer-2018-Newsletter.pdf

https://www.incomebyzipcode.com/california/92113 (Southeast San Diego Income)

  • Retaliation against whistleblowers

https://www.voiceofsandiego.org/topics/education/tormented-students-sexual-assault-teacher-falls/

https://www.voiceofsandiego.org/topics/news/voice-of-the-year-2019-keashonna-christopher/

 

Los Angeles-

  • Corruption in LA School system, risk factors to student death

https://www.google.com/amp/s/losangeles.cbslocal.com/2019/05/14/palmdale-noose-teachers-gabriel-fernandez/amp/


LA Unified- 7.5 Billion Dollar Budget. Superintendent is resigning due to poor mismanagement. https://www.change.org/p/monica-garcia-lausd-superintendent-austin-beutner-must-resign-resignbeutner


San Diego Unified Superintendent Mismanagement of school money Pre COVID and using COVID relief money for federal lobbying
https://www.voiceofsandiego.org/topics/education/emails-back-up-misspending-allegation-at-lincoln-high/

https://www.lajollalight.com/news/story/2021-01-30/san-diego-unified-school-districts-federal-lobbying-efforts-come-under-scrutiny-by-parent-group

https://opensdusd.com/2021/01/21/did-taxpayers-fund-cindy-martens-nomination/

https://californianewstimes.com/san-diego-unifieds-federal-lobbying-efforts-come-under-scrutiny-by-parent-group/149538/

More COVID relief misspending:

https://www.msn.com/en-us/news/us/california-schools-use-covid-relief-payments-for-teacher-bonuses/ar-BB1eAkcP

Californian’s are left holding a messy bag and responsible for repairing the damage and harm caused by political corruption and maneuvering 

We, The People of The State of California, have ZERO confidence in local and state leadership as they have a proven track record of denying us our rights and equal protections under the law. Proven track record of political corruption, fiscal mismanagement, fiduciary negligence, and have continued to fail us, our children, and our public-school communities. We ask that you take our request seriously and act now to relieve us from these repetitive injustices and injurious harm.

 

REMEDIES SOUGHT of The People of The State of California: 

  • LAUNCH A FEDERAL EXTERNAL AUDIT/INVESTIGATION
  • PROVIDE FEDERAL INTERVENTIONS, RELIEVING THE PEOPLE FROM ALL VIOLATIONS AND ALL HARM  EXPERIENCED  
  • SET GUIDANCE FOR FUTURE EXPECTATIONS TO THE STATE FOR OUR CONSTITUTIONAL RIGHTS TO BE UPHELD AND RESPECTED
  • REMOVAL OF CORRUPT EDUCATIONAL LEADERS FROM EDUCATIONAL POSITIONS AND PLATFORMS LOCALLY AND NATIONWIDE 

SIGNED,

Concerned Citizens of the State of California

0 have signed. Let’s get to 200!
At 200 signatures, this petition is more likely to be featured in recommendations!