Tuesday, January 14, 2014

Kentucky Judge Strikes Down Common Core Suit

Adams v Commonwealth DISMISSED with prejudice

TEA Party activist failed to establish Standing

Failed to state a claim upon which relief can be granted

Adams says, "Franklin Circuit is hardly 'the court'"

In Kentucky's Franklin County Circuit Court today, Judge Phillip Shepherd struck down TEA Party activist David Adams' suit challenging Kentucky's adoption of Common Core State Standards.

Adams v Commonwealth (13-CI-01316) went from Complaint to the Judicial Graveyard in just two months (which is lightening speed, especially during the holidays, for a court to receive the complaint, hold a hearing, allow for responses, and rule). The quick dispatch is indicative of the stunning weakness of the plaintiff's case, and the court's recognition of "Don Quixote de Nicholasville's" obvious attempt to use the court to advance his own political agenda.

Judge Shepherd wasn't buying any of it.

"Because Plaintiff does not articulate a particularized injury, he lacks standing to bring such claims and thus fails to state a claim upon which relief may be granted. Likewise, Complaint fails to allege any justicible claim under the Kentucky Constitution. For the reasons stated above, both Motions to Dismiss from President Stivers and Governor Steven L. Beshear, and the Kentucky Board of Education, the Council on Postsecondary Education, and the Education Professional Standards Board are GRANTED and this case is DISMISSED with prejudice."
Read Judge Shepherd's ruling here.

Court records show that Adams attempted to make assertions based on no evidence. He declared, for example, that Kentucky's adoption of Common Core State Standards was de-facto proof of an inefficient school system. Adams claimed that he, as an almighty "taxpayer," had the proper standing to challenge CCSS in court without having been injured in any way. He was wrong.

In the end, Adams' case proved the opposite of what he intended - that Kentucky's governor, senate president and education agencies acted properly within the provisions of Senate Bill 1 when the state adopted the nascent Common Core State Standards.

KSN&C backstory, here, here, and here.

Now, KSN&C readers may be aware that Adams and I had a little school yard tussle that went something like this:
Adams: I sued
Day: What a frivolous suit. This is going nowhere, Don Quixote.
Adams: SB1 didn't commit Ky to CCSS.
Day: But it allowed it.
Adams: You're not smart enough to know, but CCSS is expensive.
Day: All state-wide curriculum standards are expensive.
Adams: Why not just adopt Massachusetts standards?
Day: OK with me. But the legislature didn't choose that. This suit is political and you lack standing.
Adams: Keep talking, Richard. You are too dumb to know, but volumes have been written about taxpayer standing.
Day: OK, I think I will keep talking. You chose the venue, let's let the court decide who's right and who's wrong. Please, no whining when you lose.

Today the court decided, and Adams provided a response on lohud.com. He says the Franklin county Circuit Court is not "the court."  Ha! You can't make this stuff up.

1 comment:

Anonymous said...

Glad it was struck down. As I used to say in my capacity as leader of FCPS, "It's about kids."