Cell Phone Ban Challenged
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date:
07/13/2006 -
news source:
Press Releases
New York, July 13, 2006—Norman Siegel, Esq., the former executive director of the New York Civil Liberties Union, and Morgan, Lewis & Bockius LLP are representing Debra Balinski, Beth Berenbaum, Ellen Bilofsky, Isaac Carmignani, Carmen Colon, Kathleen Gomez, Camella Price, and Ellen Weisman, parents of New York City schoolchildren, and the Chancellors’ Parent Advisory Council (the Petitioners) in a special proceeding against the New York City Department of Education; Joel I. Klein, as Chancellor of the New York City Department of Education; and Mayor Michael R. Bloomberg, as Mayor of the City of New York (the Respondents).
The Petitioners are alleging that according to Article 78 of the New York Civil Practice Law and Rules, the Respondents’ ban on bringing cell phones into New York City schools, in the name of enforcement of Regulations A04 and B05 of Citywide Standards of Discipline and Intervention Measures (The Discipline Code) and Chancellor’s Regulation A-412, Sections V.D-G, is arbitrary and capricious, an abuse of discretion, an unauthorized exercise of power, and, in addition, that the Respondents’ enforcement of the cell phone ban is unconstitutional under both the New York State and Federal Constitutions.
It is important to note that while the Petitioners do not dispute that there is a legitimate educational interest in restricting the use of cell phones in classrooms, no legitimate educational interest is served by overbroad regulations, which effectively prevent all New York City public school students from having access to a cell phone during their commutes to and from school and during after-school activities.
It is the Petitioners’ desire to have the court order the Respondents to set aside Regulations A04, B05, and A-412, Sections V.D-G because they impermissibly interfere with and violate the Petitioners’ liberty interest under both the state and federal constitutions to communicate with their children and take adequate measures to ensure the safety of their children.
To access PDFs of this press release and the court filings, please go to: www.morganlewis.com/go/probono.
CONTACT:
Norman Siegel, Esq.
Attorney at Law
212.532.7586
siegelnorman@aol.com
About Morgan, Lewis & Bockius LLP
Morgan Lewis is a global law firm with more than 1,250 lawyers in 20 offices located in Beijing, Boston, Brussels, Chicago, Dallas, Frankfurt, Harrisburg, Irvine, London, Los Angeles, Miami, New York, Palo Alto, Paris, Philadelphia, Pittsburgh, Princeton, San Francisco, Tokyo, and Washington, D.C. For more information about Morgan Lewis, please visit www.morganlewis.com.
The Morgan Lewis legal team on this matter includes Litigation partner David Leichtman and associate Leza Di Bella, Business and Finance partner Alan Neuwirth, and numerous other associates and interns.
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