October 14, 2009

ITHACA -- The attorney for the mother who sued the Ithaca City School District for racial harassment vows to keep fighting.
     Amelia Kearney says she's "outraged" by the latest court decision, which overturns a big cash reward from the Ithaca City School District.
     As we first told you Tuesday, a New York State Supreme Court justice sided with the school district, and annulled the findings of a State Division of Human Rights judge -- meaning the ICSD doesn't have to pay the Kearneys.
     But the Kearneys' attorney, Ray Schlather, thinks the district may be legally bound to pay up anyway.  Essentially Schlather says different judges read the law differently, and that's why he's appealing.
     Kearney fought back tears at a press conference Wednesday -- more than four years after she claims students began harassing her daughter, Epiphany, while she was a student at Dewitt Middle School.
     “I’m just very emotional.  My daughter and I -- my daughter's been greatly affected by this whole thing,” said Kearney.
     Schlather says it's not just that Amelia and Epiphany won't get their award money with this latest decision, but that the ICSD has turned its back on the Divison of Human Rights' judgment.
     “There was a commitment made by the school district to address this problem, find out the truth, and deal with it.  And the school district reneged on that commitment,” said Schlather.
     Schlather vows to keep fighting, and the issue will only end when every student in the district can attend school safely and respectfully.
     When asked if it’s worth the fight all these years later, Kearney responded, “Yes, not just for my child, but for all the other children in the district.")
     We called the district office for comment.  But the secretary told us superintendent Judith Pastel was in meetings all day, and she directed us to the school board president.
     We have yet to hear back from him.

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