Save San Mateo High School! and the San Mateo High School district moved from the boardroom to the courtroom because the district was violating the law in its attempt to demolish the historic buildings of San Mateo High School. A judge has ruled that the district violated state law and the question remains as to whether the district has yet ceased its misconduct. Why is it important to see that the San Mateo Union High School district follows the law in dealing with the fate of these buildings?
The state of California and the city of San Mateo define two of the buildings of San Mateo High School as historic. These 1928 Tudor revival buildings are the largest historic public buildings in San Mateo and are a part of the rich history of this state. State law requires that these buildings be saved if at all possible, not just for those who live here now, but for all who will come after us. To encourage thoughtful action and increase the likelihood that such buildings are preserved for future generations, state law requires that an environmental impact report be prepared and that alternatives be examined when destruction is proposed.
The San Mateo Union High School District Board of Trustees made a preliminary decision to demolish these historic buildings without considering any environmental impact report at all. An environmental impact report subsequently completed by the district's expert consultants stated that there were indeed alternatives to demolition which would both satisfy the district's needs and save at least the exteriors of the historic buildings. Despite having an alternative to destruction, the district board approved demolition. A judge reviewed the district's decision and ruled that the district had not followed the law because it had approved the demolition of these historic resources even though the environmental impact report found feasible alternatives to demolition. The judge commanded the district to set aside its resolution.
Following the judge's decision, the district hired consultants to prepare new reports aimed at justifying demolition, set aside its previous resolution as the court ordered, and then voted again, for a third time, to demolish the historic buildings even though alternatives to demolition remain feasible, according to the environmental impact report and state agencies. Today, we will learn whether the judge believes that the district has now complied with state law.
It is one of the good things about our country that a dispute between citizens and government can be put before a judge. If this were not the case then none of us would have any recourse or protection when the government breaks the law. Those who want a new high school and therefore do not care if the district obeys the law should think about what kind of precedent they are setting. To the students: if you are to be disciplined by the school district or are harassed by another student, would you like the district to follow the law in dealing with your situation? To the parents: if you are unhappy with the district's soon to be announced boundary changes, would you like this district to give you due process in reviewing your complaints? To the teachers: if your union has a grievance with the district or if you believe the district has breached its employment contract with you, would you like your complaints to be dealt with as the law requires? The answer to all these questions is certainly yes.
This is the reason why it is so important to our community to see that the San Mateo High School district follows the law in dealing with the fate of these buildings: because the law protects not just buildings, it also protects each of us as we deal with the government, and if you each wish to have the law respected in your own case, you must see that is it respected in all cases, including this one.
Susan Cohn is an attorney in private practice in San Mateo. She previously worked for the California Attorney General and the California Supreme Court.<
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
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PLEASE TURN OFF YOUR CAPS LOCK.
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