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Richard M. Martinez Collection

 Collection
Identifier: 2019-05

Scope and Contents Note

The Richard M. Martinez Collection documents key aspects of the González v. Douglas case, which challenged the constitutionality of Arizona House Bill 2281 and its impact on the Mexican American Studies program in Tucson public schools. Series I, Depositions, contains official transcripts and related evidence from interviews conducted as part of the legal case. These interviews, known as depositions, were given by witnesses who were employees of the Arizona Department of Education and were called to testify by both the plaintiffs and the defendants. Series II consists of teaching materials and books that were banned under SB 2281. It includes texts used in the Mexican American/Raza Studies Department and various banned books like By the Lake of Sleeping Children and The Devil's Highway by Luis Alberto Urrea, So Far From God by Ana Castillo, A Gringo Manual by José Ángel Gutiérrez, and others. The series reflects the educational materials impacted by the legislative changes. Series III includes visual materials and certificates related to the Save Ethnic Studies movement. It includes a certificate of honor, a comic relating to the legal case, and various Save Ethnic Studies posters. The visual materials capture the advocacy efforts and public sentiment surrounding the issue.

Dates

  • Creation: 1973
  • Creation: 1994
  • Creation: 1996
  • Creation: 2000
  • Creation: 2004
  • Creation: 2010-2012
  • Creation: 2016

Language of Materials

English

Access Restrictions

Unrestricted.

Use Restrictions

Standard copyright restrictions apply.

Historical Note

Initially known as Arce v. Douglas, the case was renamed González v. Douglas after additional plaintiffs were added following a successful appeal. González v. Douglas, 269 F. Supp. 3d 948 (2017) was a pivotal legal case that successfully challenged Arizona's ban on the Mexican American Studies program in Tucson public schools. The case was brought by teachers, students, and their parents with Richard M. Martinez serving as lead counsel following the passage of Arizona House Bill 2281. The bill, codified as Arizona Revised Statutes ("A.R.S.") §§ 15-111. prohibited school districts and charter schools from including any courses or classes that: (1)"Promote the overthrow of the United States government," (2)"Promote resentment toward a race or class of people," (3)"Are designed primarily for pupils of a particular ethnic group," or (4)"Advocate ethnic solidarity instead of the treatment of pupils as individuals." (A.R.S. §§ 15-112). The bill's passage led directly to the elimination of the Mexican American Studies program in Tuscon’s public schools.

In 2017, after a 7-year legal battle, U.S. District Judge A. Wallace Tashima ruled that the law was enacted with discriminatory intent and racial animus, violating both the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. This case was a landmark for Ethnic Studies, particularly Mexican American Studies in the U.S., reaffirming the significance of these programs in public education and setting a precedent for the protection of culturally relevant curricula.

2010
March 23, 2010: Arizona House Bill 2281 (HB 2281) is signed into law, banning public schools from offering courses that promote racial resentment or advocate ethnic solidarity, targeting the Mexican American Studies program in the Tucson Unified School District
2010
October 2010: Arce v. Douglas is filed by 10 teachers and the director of the Mexican American Studies program, with lead counsel Richard Martinez. The suit is later amended to include two students and their parents.
2013
March 2013: The Arizona district court grants summary judgment for the plaintiffs regarding A.R.S. § 15-112(A)(3) on First Amendment grounds but denies summary judgment on all other claims. The plaintiffs appeal to the Ninth Circuit Court.
2015
July, 2015: The Ninth Circuit reverses the district court's summary judgment and remands the case for trial, finding genuine issues of fact about whether A.R.S. § 15-112(A) was enacted or enforced with discriminatory intent.
2017
August, 2017: The court ruled that both the enactment and enforcement of A.R.S. §§ 15–112 were driven by racial animus and political motives rather than legitimate educational concerns.

Sources:

Associated Press Article: “Judge blocks Arizona ethnic studies ban he found was racist,” December 28, 2017.

Memorandum of Decision of A. Wallace Tashima, United States Circuit Judge: González v. Douglas 269 F. Supp. 3d 948 (2017).

Full Extent

3.7 linear feet

Abstract

Material from attorney Richard M. Martinez documents Arce v. Douglas, a case that successfully challenged Arizona’s House Bill 2281 that initially led to the elimination of the Mexican American Studies program in the Tucson Unified School District. This collection contains deposition transcripts, legal documents, banned teaching materials, and visual materials related to the case.

Acquisition Information

Donation.

Additions

Further materials are expected for this collection.

Processing Information

Collection processed by Rosa de Jong, (Benson Special Collections Graduate Research Assistant), Fall 2024.

Title
Richard M. Martinez Collection
Status
Edited Full Draft
Author
Nettie Lee Benson Latin American Collection
Date
2024
Description rules
Describing Archives: A Content Standard (Dacs)
Language of description
English
Script of description
Latin
Language of description note
Finding aid written in English.

Revision Statements

  • 2025 July: Revised by Ryan Sullivant to fix validation errors prior to ingestion into ArchivesSpace.
  • 2026: Edited by Carla O. Alvarez.

Repository Details

Part of the Benson Latin American Collection, The University of Texas at Austin Repository

Contact:
2300 Red River Street
Austin Texas 78712 United States
(512) 495-4578