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Separate Is Never Equal

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by Tonatiuh, Duncan


  Sylvia (b. 1936) and her brothers attended the Westminster school until her family moved back to Santa Ana. Sylvia graduated from an integrated high school and attended California State University, where she studied to become a registered nurse. She worked for thirty-three years at a medical center in Los Angeles and then retired to take care of her ill mother. Sylvia remembers that before Felícitas passed away, she regretted the fact that so few people knew about the Mendez case and her family’s fight for equality. Indeed, the Mendez case is seldom taught in schools. Unlike Brown v. Board of Education, which is widely known, Mendez v. Westminster is known by few Americans to this day. After her mother died, Sylvia made it her mission to educate people about her family’s fight for desegregation.

  In recent decades, the Mendez case has finally begun to receive some attention and recognition. Documentaries have been made about it, and books and articles have been written about it. In 2002, a public school in Santa Ana was named after Felícitas and Gonzalo Mendez. In 2007, a commemorative stamp

  was issued by the U.S. Postal Service to celebrate the fiftieth anniversary of the Mendez victory. In 2009, a high school in Los Angeles was named the Felícitas and Gonzalo Mendez Learning Center. And in 2011, Sylvia Mendez received the Presidential Medal of Freedom from President Barack Obama. It is the highest civilian award a person can receive in America.

  Thanks to the efforts of courageous people like the Mendez family, the segregation of public schools is illegal in the United States. Unfortunately, a great deal of inequality—and a kind of unofficial segregation—still exists today.

  According to a 2012 study by the Civil Rights Project at the University of California, Los Angeles, across the United States segregation has increased significantly in recent years. It reported that 43 percent of Latino students and 38 percent of black students attend schools where fewer than 10 percent of their classmates are white. The study, which analyzes data from the Department of Education, also reveals that Latino and black children are twice as likely to be in school where the majority of students are poor. Therefore, their schools are likely to have fewer resources and less experienced teachers. All too often I see this inequality when I visit schools in different parts of the country to read and to talk about my books.

  The Mendez family went to court almost seventy years ago, but their fight is relevant today. As the education specialists in the trial argued, the segregation of children creates feelings of superiority in one group and inferiority in another. We need to be able to interact and mingle so that prejudices break down, so that we can learn from one another, and so that everyone has a fair shot at success.

  My hope is that this book will help children and young people learn about this important yet little known event in American history. I also hope that they will see themselves reflected in Sylvia’s story and realize that their voices are valuable and that they too can make meaningful contributions to this country.

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  Top left: Sylvia as a young girl, 1947. Top right: Sylvia in 2011, after receiving the Presidential Medal of Freedom.

  Bottom left: Sylvia’s parents, 1947. Middle right: The Westminster school. Bottom right: Hoover Elementary.

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  GLOSSARY

  American Jewish Congress: an association that promotes Jewish

  interests in the United States and other countries

  appeal: to request, after a trial is finished, that a higher court review

  the outcome

  brief: a legal term that refers to a summary prepared for a lawyer at

  a trial

  case: a dispute between opposing parties, resolved by a court

  citizen: a person who owes allegiance to the government and is

  entitled to full civic rights and privileges

  court: a judge or a judicial body that makes decisions in cases

  according to the law

  courthouse: a building where a case is tried

  court of appeals: a court that reviews decisions made by lower

  courts

  courtroom: a room within a courthouse where a case is tried

  decision: a judge’s conclusion after hearing both sides of a case;

  a ruling

  degrading: causing a loss of self-respect

  equal opportunity: a policy of treating others without

  discrimination, especially on the basis of their gender, race, or age

  ethnicity: a group of people who have a common national or

  cultural tradition

  field-worker: an agricultural laborer, often working long hours for

  low pay

  hygiene: conditions relating to health, especially personal well-

  being

  impetigo: a skin disease

  inferior: of lesser quality

  injustice: something that is not fair

  integrate: to open to members of all races, ethnicities, and other

  groups

  Japanese American Citizens League: an association that protects

  civil and human rights and works for social change, particularly in

  the Asian–Pacific American community

  judge: a public official, appointed or elected, who oversees cases

  in a court

  lawsuit: a dispute brought to a court for a decision to be made;

  a case

  lawyer: a person educated in the law who advises others on legal

  matters

  League of United Latin American Citizens: the largest Latino civil

  rights organization in the United States

  National Association for the Advancement of Colored People:

  an association that works for equal rights and to eliminate racial

  discrimination

  opportunity: a chance to advance

  petition: a formal written document requesting a right or benefit

  from a person or group in authority

  public school: a school paid for by public funds that provides free

  education to the children of a community or district

  rule: to decide; to issue a ruling

  ruling: a court decision

  school board: a group of public officials that oversees public

  schools in a defined area

  school district: an area, such as a neighborhood, town, or county,

  whose public schools are administered together

  segregate: to separate people based on race, ethnicity, class, or

  other factors

  “separate but equal”: a policy based on the U.S. Supreme

  Court ruling in Plessy v. Ferguson (1896) that holds that certain

  groups of people can be denied access to public spaces, such as

  schools, housing, eating establishments, restrooms, pools, and

  entertainment facilities, as long as they are provided facilities of an

  equal nature

  stand: the place in a courtroom where a witness sits (or stands)

  while being questioned by a lawyer

  superintendent: the head of a school district. States define the role

  and authority of a school superintendent in different ways.

  superior: of greater quality

  trenza: a hair braid

  trial: a formal examination of evidence by a judge or jury, in order to

  make a decision in a case

  tuberculosis: a potentially fatal disease of the lungs

  U.S. territory: an area, such as Puerto Rico, that is governed by the

  United States but is not a state

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  BIBLIOGRAPHY

  Interviews

  Author interviews with Sylvia Mendez in Austin, Texas, October

  2012, and in Fullerton, California, April 2013.

  Transcripts

  Documents and records of Mendez v. Westminster (1946) can

  be found at the National Archives at Riverside (Perris, Calif.).

  Documents and records
of Mendez v. Westminster (1947) can be

  found at the National Archives at San Francisco (Bruno, Calif.). For

  information on the National Archives and Record Administration,

  go to http://www.archives.gov/research.

  Films

  Bennett, Erica, and Fred Paskiewicz. Mendez v. Westminster: Families

  for Equality. Fullerton, Calif.: Fullerton College, 2010.

  Robbie, Sandra. Mendez vs. Westminster: For All the Children/Para

  todos los niños. Huntington Beach, Calif.: KOCE-TV, 2002.

  Books

  Conkling, Winifred. Sylvia and Aki. Berkeley, Calif.: Tricycle Press,

  2011.

  Matsuda, Michael, and Sandra Robbie. Los Méndez contra la ciudad

  de Westminster: Por todos los niños; La historia de una victoria de

  derechos civiles en los Estados Unidos. Yorba Linda, Calif.: Blue

  State Press, 2006.

  Strum, Philippa. Mendez v. Westminster: School Desegregation and

  Mexican-American Rights. Lawrence, Kans.: University Press of

  Kansas, 2010.

  Articles and Reports

  Arriola, Christopher. “Knocking on the Schoolhouse Door: Mendez

  v. Westminster, Equal Protection, Public Education, and Mexican

  Americans in the 1940’s.” La Raza Law Journal 8, no. 2 (1995).

  Civil Rights Project at the University of California, Los Angeles.

  “E Pluribus . . . Separation: Deepening Double Segregation for

  More Students.” http://civilrightsproject.ucla.edu/research/k-

  12-education/integration-and-diversity/mlk-national/e-

  pluribus...separation-deepening-double-segregation-for-more-

  students. Accessed August 21, 2013.

  Luhby, Tami. “Worsening Wealth Inequality by Race.” CNN Money,

  June 21, 2012. http://money.cnn.com/2012/06/21/news/

  economy/wealth-gap-race/index.htm. Accessed July 19, 2013.

  Orfield, Gary, John Kucsera, and Genevieve Siegel-Hawley. “E

  Pluribus . . . Separation: Deepening Double Segregation for

  More Students.” Report of the Civil Rights Project, University of

  California, Los Angeles, 2012.

  Rich, Motoko. “Segregation Prominent in Schools, Study Finds.”

  New York Times, September 19, 2012. http://www.nytimes.

  com/2012/09/20/education/segregation-prominent-in-schools-

  study-finds.html. Accessed August 21, 2013.

  Ruiz, Vicki L. “We Always Tell Our Children They Are Americans:

  Mendez v. Westminster and the California Road to Brown v.

  Board of Education.” College Board Review no. 200 (Fall 2003):

  20–27.

  Websites

  “Before Brown v. Board of Education,” on National Public Radio

  website: http://www.npr.org/templates/story/story.

  php?storyId=1784243.

  Mendez v. Westminster Case:

  www.mendezwestminstercase.blogspot.com.

  Sylvia and Sandra Mendez Duran’s page on StoryCorps website:

  http://storycorps.org/listen/sylvia-mendez-and-sandra-mendez-

  duran/.

  Sylvia Mendez’s personal site: http://

  sylviamendezinthemendezvswestminster.com.

  “2010 Presidential Medal of Freedom Recipient—Sylvia Mendez,”

  on White House website: http://www.whitehouse.gov/photos-

  and-video/video/2011/02/16/2010-presidential-medal-

  freedom-recipient-sylvia-mendez.

  ABOUT THE TEXT

  The dialogue in the trial scene comes directly from court transcripts.

  I shortened and edited it for clarity and pacing. The dialogue in

  the rest of the book is inspired by conversations I had with Sylvia

  Mendez in October 2012 and April 2013.

  INDEX

  Note: Page numbers in italics refer to pictures.

  American Jewish Congress, 32

  Atkinson, Mr., county superintendent, 13

  California, school integration in, 33

  Estrada family, joining the lawsuit, 22–23, 22

  Harris, Mr., school superintendent, 12–13, 13, 28

  Japanese American Citizens League, 32

  Kent, Mr., school superintendent, 25–27, 25

  League of United Latin American Citizens, 32

  Los Angeles, trial in, 24–30

  39

  Marcus, David:

  gathering support for lawsuit, 20, 20, 22

  legal action taken by, 18, 23, 23

  in the trial, 24–29, 25

  McCormick, Judge Paul, 25, 29–30, 29

  Mendez, Felícitas (mother), 3, 9, 34

  at the trial, 26, 28, 28

  working on the farm, 21, 21

  Mendez, Gonzalo (father), 5, 9

  gathering support for the cause, 16, 17, 18, 20, 20, 22

  speaking to authorities, 12–13, 13

  at the trial, 26, 28, 28

  Mendez, Gonzalo Jr. and Jerome (brothers), 5, 7

  Mendez, Sylvia:

  enrolling in school, 7–11

  first day of school, 2–3, 2–3

  at Hoover Elementary, 15, 14-15

  at the trial, 24–30, 24, 27, 29

  Mendez family:

  fighting for equal treatment, 16–18, 16, 20, 23, 32–33, 34

  move to Westminster, 4–5, 4–5

  trial, 24–30, 24–25, 26–27, 28, 29, 30-31

  unequal treatment of, 10, 15

  Mexican Americans:

  integration as beneficial for, 29–30

  jobs threatened, 17

  lawsuits for equality, 18, 20

  unequal treatment of, 15, 16, 18, 18–19, 22, 23, 27, 29

  Mexican school (Hoover Elementary):

  bad conditions in, 14–15, 15, 16

  Mendez children required to attend, 8–11, 12–13, 26

  National Association for the Advancement of Colored People, 32

  Orange County:

  gathering support in, 20, 20, 22-23

  trial held in, 24–30

  Parents’ Association of Mexican-American Children, 17

  San Bernardino, segregated public pools in, 18, 18-19

  San Francisco, case retried in, 31–33

  Torres, Carol, 28, 28

  Vidaurri, Alice and Virginia (cousins), 6, 7, 8, 10, 10

  Vidaurri, Soledad (aunt), 6, 7–9, 11–12

  Warren, Earl, 33

  Westminster school:

  Mendez children prevented from attending, 8–13

  Sylvia’s first day in, 2, 2–3

  Sylvia’s next day in, 34, 34–35

  TO THE MEMORY OF GONZALO AND FELICITAS MENDEZ

  AND TO PATTY, FOR ALL HER LOVE AND SUPPORT

  —D.T.

  The illustrations for this book were hand-drawn and then

  collaged and colored digitally.

  Cataloging-in-Publication Data has been applied for and may be

  obtained from the Library of Congress.

  ISBN: 978-1-4197-1054-4

  Text copyright © 2014 Duncan Tonatiuh

  Illustrations copyright © 2014 Duncan Tonatiuh

  Book design by Maria T. Middleton

  Published in 2014 by Abrams Books for Young Readers, an imprint

  of ABRAMS. All rights reserved. No portion of this book may be

  reproduced, stored in a retrieval system, or transmitted in any form

  or by any means, mechanical, electronic, photocopying, recording,

  or otherwise, without written permission from the publisher.

  Printed and bound in China

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