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St. Basil Files Suit Against Garrison School District Alleging Civil Rights Discrimination
by Margaret Sternberg
Responding to a Complaint filed in Albany by the Garrison School District seeking a Declaratory Judgment, on April 5, 2007 St. Basil Academy filed a counterclaim alleging that the Garrison School District has engaged in "unconstitutional discrimination" against the children living at the Academy.
Greg Horowitz, the attorney for St. Basil, said, "I do not take this step lightly, and I am convinced this is a meritorious claim."
In the St. Basil counterclaim Horowitz states that St. Basil has repeatedly sought to resolve the issues that exist, "making settlement proposals that would satisfy any legitimate, non-discriminatory concerns Garrison might have…" The counterclaim states that on April 21, 2006 St. Basil provided Garrison with a detailed settlement proposal, which was "flatly" rejected by Garrison. According to the counterclaim, Garrison then "failed even to make a counteroffer," and subsequently refused to "even engage in good faith settlement discussions." As a result, St. Basil has concluded that the district's refusal to educate the St. Basil children "has been motivated by improper and discriminatory motives, in violation of…the Fourteenth Amendment…"
Horowitz said he has "spent more than 1 ½ years, trying, begging to get Garrison to come to the table, putting forth proposals meeting every reasonable concern they might have, and they have refused even to talk to us. I am now convinced beyond any doubt that the only plausible reason for Garrison's conduct is unlawful discrimination against St. Basil's children."
In addition to asking that Garrison be ordered to provide free and appropriate public education and transportation to all children under St. Basil's care, the counterclaim asks for an amount to be determined plus interest on the value of the education and transportation services Garrison had failed to provide at relevant times. The claim also asks that Garrison be held responsible for the tuition and transportation expenses for St. Basil children attending high school in Highland Falls during relevant times.
Sal Ferlazzo, the attorney representing Garrison, described the counterclaim as "frivolous." He explained that the district's filing the initial complaint for a Declaratory Judgment would determine what Garrison must do with respect to the St. Basil children in the future whereas a civil rights action seeks an injunction, which seeks a determination of the future between the parties.
Garrison's complaint for a Declaratory Judgment asks for a declaration of the rights and responsibilities of several agencies and the Garrison School District for the education of non-resident school aged children who are placed at St. Basil other than through an Order of the Family Court, Social Services District, and Division for Youth. The complaint also asks that Garrison not be obligated to assume financial responsibility for such children, and that the social services district from which the child came be held financially responsible. The complaint also asks for a declaration that Garrison is not financially responsible for children "privately placed" at St. Basil and asks for a declaration that St. Basil and/or the Office of Children and Family Services local social services districts be held financially responsible.
Ferlazzo took issue with the claim that the children of St. Basil have been deprived of their rights under the Constitution saying, "I'm going to take action against what I consider frivolous counterclaims, including seeking attorneys' fees for having to defend [against] the St. Basil's actions. Greg's brought frivolous and baseless claims, and we intend to move to dismiss them at the appropriate time."
If St. Basil were to win the suit, Horowitz, who is currently working on the case pro bono, would be entitled to attorneys' fees, which he has asked for in the counterclaim. Horowitz estimated that fees are in the upper six-figure range, but said that he "would give up our right to recover attorneys' fees in an instant if they [Garrison] would just promptly agree to live up to their obligations [to educate the children from St. Basil]."
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