Tucson attorney Richard Martinez first filed a lawsuit on behalf of 11 Tucson Unified School District teachers in October 2010 in an effort to reverse anti-Mexican-American studies law HB 2281 and on Friday, March 6 he learned U.S. District Court Judge A. Wallace Tashima didn't think most of Martinez's arguments met “the high threshold needed to establish a constitutional violation.”

Tashima ruling:

Tashima_rulling.pdf

Nonetheless, Martinez will move forward as lead attorney as part of an appeals team with attorneys from Seattle University Law School and the Bingham McCutchen law firm, the Range confirmed with Martinez late Friday.

By email, Martinez said the appeal must be filed within 30 days of the decision, and the process could take 18-24 months at the 9th Circuit. When asked what arguments will be availed for the appeal process, Martinez wrote, “When our opening brief is filed, be sure to read it, I suggest several times as it will be very comprehensive and steeped in federal constitutional law.”

With a new team in place to handle the appeal, why is it important for Martinez to remain involved? Martinez said it's his 30 years experience with civil rights cases. “I have been in this case from its inception, know the facts and all the players and work well with all of the legal team members. This legal was formed out of our effort here in Tucson that has at its core the MAS educators who became plaintiffs and the students and parent who joined them as plaintiffs. HB 2281 was always understood as an issue with national importance and treated as such.”

The Range first contacted the law firm of Bingham McCutchen when we first learned the firm would be part of the team handling the appeal of Tashima's ruling, in which he did find one provision in the law unconstitutional — "classes designed primarily for pupils of a particular group ethnic group" — but Martinez contacted us to explain that he was the media point person regarding the appeal.

Martinez said since the beginning of the lawsuit, attorneys from throughout the country have been consulted, and attorneys from Seattle Univeristy and Bingham McCutchen have gotten involved “out of a profound interest in the issue and the legal questions presented.”

“We are a legal team that has come together in an important civil rights case with a common belief in the importance of challenging the constitutionality of HB 2281,” Martinez wrote. “The formation of this team is common in important civil rights cases, and reflects the members of the bar who are dedicated to providing their time and expertise on a pro bono basis. This case was commenced in that tradition and will remain such.”

What happens next with the desegregation effort, which includes a federal judge's order to have Mexican-American and African-American studies courses, as well as curriculum, as part of course offerings in TUSD beginning in 2014.

In a recently constituents' letter sent out by TUSD school board member Mark Stegeman, who was one of four votes last year to dismantle the MAS program, wrote that the ruling, while likely to be appealed, "is important for TUSD because the recent order in the separate desegregation case makes it clear that TUSD should respect the Ethnic Studies law, which has now survived the challenge to its constitutionality."

"This makes it essentially impossible to restore anything closely resembling the former MAS program. At least, restoring the program would almost certainly trigger new state findings and financial penalties, based on the precedents established in the administrative law decision."

Sylvia Campoy, the Mendoza plaintiff representative in the TUSD desegregation case, in a statement released to the Range said it's clear to here that the district must move forward in creating the MAS and African-American studies courses and curriculum:

"The culturally relevant courses (CRCs) in the Desegregation/Unitary Status Plan are part of a court remedy to a constitutional violation. Judge Bury pointed out in his Feb. 6, 2013 order that 'the Supreme Court has held that state laws cannot be allowed to impede a desegregation order' (p. 16 of his order). TUSD is required to implement the Desegregation Plan, including the CRC components. The Desegregation Plan requires that all CRC courses 'shall be developed using the District's curricular review process and shall meet District and state standards for academic rigor.' The Desegregation Plan was adopted by the Court and the District has been ordered to implement the Plan, which has transpired while AZ. State Statute 15-112 (HB 2281) has been in effect. All course work that is rolled out under the Desegregation Plan will be aligned with the Core Standards, as is required for all curricula."

This story is a bit on the old side, but Yahoo! Sports took a look at Arizona's role as one of Major League Baseball's two Spring Training hubs (not to mention that it's been the site of games in the international World Baseball Classic), hosting baseball players from around the world, during a time when tempers have flared regarding immigration laws and reform.

American-born San Francisco Giants closer Sergio Romo, currently pitching for Mexico in the WBC, gets it — his MLB club trains in Scottsdale, under the jurisdiction of the "beloved" Sheriff Joe Arpaio. And he's got first hand experience with immigration issues in this state. From Yahoo!:

"I've been pulled over numerous times, driving a nice car," said Sergio Romo, the closer for the San Francisco Giants as well as the Mexican WBC outfit. "The first question is: What's your citizenship? The second question: Is this your car? And then: What do you do for a living? And it's like, 'Bro, you're Mexican just like me.' 'Ah, but I was born here.' And I say, 'So was I.' "

The story is an interesting profile of both Romo, born to Mexican parents in California and made waves for wearing a shirt reading "I Just Look Illegal" during a World Series victory parade, and Marco Estrada, a Mexican national who came across the border with his mother and is waiting on American citizenship. It's also a preview of tonight's last week's game between the United States and Mexico at Phoenix's Chase Field. Again, from Yahoo!:

When the Mexicans play the Americans on Friday, the stands will be a mish-mash of red, white and blue interlocked with red, white and green. It's the sort of game that should be appreciated more for the underdog-vs.-favorite bent than any sociopolitical issues, and yet it can't be, not when Arizona finds itself in the news on seemingly a daily basis, the latest coming when federal officials less than a week ago released more than 300 of the nearly 2,600 people at Arizona immigration detention centers, more governmental saber-rattling in a battle that filters down in unfortunate ways.

"It's just life in general," Romo said. "There are rules and laws we all have to abide by, and certain that we won't always accept or agree with. With due time, I think certain things will fly straight — or straighter.

My one qualm with the piece? A line introducing tonight's last week's game that suggests that Mexicans are more disliked here than in any other state — though, truth be told, that may just be because I can't stand the idea of living in a state that's known as much for laws that are considered racist towards a particular group as it is the Grand-goddamn-Canyon.

Correction: The game between Mexico and the United States took place last Friday, March 8. Mexico won, 5-2. My sincere apologies for the error.

In 1983, Sierra Vista's Jessica Cox was born without arms.

Now, she's a motivational speaker, martial arts black belt, certified as the first armless person to hold a pilot's license and subject of a forthcoming documentary about her life.

From indiegogo.com:

Inspirational in tone, RIGHTFOOTED is a documentary about Jessica Cox’s amazing life and work as a motivational speaker and advocate for the disabled. On February 2, 1983 at a hospital in Sierra Vista, Arizona, a baby came into this world without arms as a result of a rare birth defect. Everyone who was there that day recalls their emotions of helplessness when they first saw little Jessica. Especially devastated was her mother Inez, who was overwrought. Who would take care of this child as she grew to become an adult, and who would love her? What kind of life could she have without the ability to do even the most basic things like eat or hold a phone or drive? With incredible perseverance and faith, Jessica Cox has learned to do all of those things and much more — with her feet. Against all odds but with strong faith and the help of her family, she put herself through high school and then college, typing papers with her toes. She got her driver’s license and then astonishingly, her pilots license — a feat that landed her in the Guinness Book of World Records as the world’s only armless pilot. It also allowed her to do what she’d always dreamed of doing: launching a career as a motivational speaker and advocate for the disabled.

Honestly, this is one of the cooler stories I've heard about, and that's partially because I seem to have trouble tying decent shoelace knots by hand, while Cox nails a quality lace-up with her feet alone. But really, this documentary seems like it could be, at the very least, could help Cox reach her goal of assisting and inspiring disabled people and children all across the globe.

My one concern, as someone looking in from the outside and hoping that it doesn't take this tone, is that it might lean in the direction of "look at how this woman was able to do these things...WITHOUT ARMS!" I mean, that's a great hook and all, but part of what should be celebrated is the way she was able to completely tear things up in her life, becoming a pilot, multiple-time black belt, and international-known speaker.

For more on the project, check out the Indiegogo project above, or see her website, rightfooted.com.

Edit: Now would also be a good time to note that Cox also did an "Ask Me Anything" Q&A session on Reddit earlier today. Check it out here.

The Range has confirmed through Tucson City Prosecutor M.J. Recini that on Feb. 26, 2013, two of the three original domestic violence charges against Sean Arce were dropped and that the former Mexican-American studies program director agreed to plea into a diversion program for the third domestic violence charge: Domestic Violence Disorderly Conduct.

When the Tucson Weekly first reported on the incident late last year, Arce was facing charges for allegedly assaulting his ex-wife and for vandalism and trespassing from an incident that took place on Sunday, Dec. 9.

From that report:

According to the Tucson Police Department report from the incident, one witness had told a TPD officer he heard banging at his neighbor's house, went to investigate and saw two broken windows and a man he didn't know bleeding from his right hand and standing inside the house. ...

More information about what occurred that night came from a police interview with Arce's ex-wife, who told police she was at La Cocina the night of Saturday, Dec. 8, when Arce showed up, grabbed her arm and pulled her away from a table where she sat with friends. After several patrons separated the couple, she left the bar and restaurant with friends and drove home.

Arce's plea proceedings also forbid contact with his ex-wife as well as returning to her home. The diversion program is with the Center for Life Skills and includes 26 sessions. If Arce fails to complete the classes or is arrested or charged with any other criminal offense, he could face further action.

The Weekly asked Arce's attorney Richard Martinez for comment on his client's case. This was his email response:

The City case is essentially over and reflects both the agreement of all involved and their independent assessment of the actual facts, not a police report which was fraught with errors. The resolution reflects a mere disturbing the peace, loud noise. This case will at a future date likely be set aside.

Those comments about Sean Arce that seek to vilify him fail to take account of the actual facts. Moreover, they ignore the many factors that were in play.

It is always easy to condemn an individual, especially when one chooses to embrace unfounded rumors, hearsay and exaggeration.

Those who live in glass houses should pause to look in the mirror before they hurl the stones of condemnation.

I have yet to meet the perfect human or know of any individual who does not live in a glass house.

Bars all over Tucson celebrate St. Patrick's day with Irish music, corned beef and cabbage, Irish Car Bomb specials and of course, green beer.

If you're wondering where to find green beer this Sunday here's a list of places. I was also able to find out what kind of beer would be dyed green at some of these bars, though I would guess they're all pretty much doing the same thing: adding green food coloring to their domestic drafts (except for craft breweries of course).

1. Wooden Nickel Tavern, 1908 S. Country Club, $2 pints and $7 pitchers (Sunday)
2. Diablo's Sports Bar & Grill, 2545 S. Craycroft, $2 pints (Sunday noon to 9 p.m.)
3. The Maverick, 6622 E. Tanque Verde, $3.50 (Saturday)
4. R-Place Bar & Grill, 3412 N. Dodge, $2 pints of Budweiser, Bud Light and Miller Lite (Sunday)
5. Risky Business, 8848 E. Tanque Verde, 6866 E. Sunrise Dr. and 250 S. Craycroft, $3 pints and $4.50 mugs of Miller Lite and Coors Lite (Sunday)
6. Thunder Canyon Brewery, 7401 N. La Cholla Blvd. and 220 E. Broadway, $2.50 pints of their Sandstone Cream Ale (Saturday and Sunday)
7. Golden Nugget, 2617 N 1st Ave., Budweiser and Bud Light (Sunday)
8. Maloney's and The Wreck, 213 N. Fourth Ave. (Sunday)
9. O'Malleys, 247 N. Fourth Ave.
10. Toby Keith's I Love This Bar & Grill, 4500 N. Oracle, $3 pint of Coors Light and Miller Light (in mason jars)

If for some reason you can't get to a bar, or you just don't want to drink light beer (and who would?) you can always make your own green beer.

The following recipe is from about.com:

Prep Time: 1 minute

Total Time: 1 minute

Ingredients:

One 12oz. Beer - any beer will do although lighter colored beers will display the green better
Green food coloring - one drop
Preparation:

Add one drop of green food coloring to a clear glass. Pour the beer into the glass.

That's it! This works for any beer. Darker beers like stout will have a nice green head atop their normally dark bodies.

Serves 1.

Of course, the lighter the beer the more green it'll be, but blonde ales, Stella Artois and more tasteful lagers than your average domestic drafts are pretty light.

Did you know Pima County has a Metal Watch Task Force?

Yeah, I didn't either, until I got an email from the Metro Pima Alliance urging me to show my support for proposed legislation that would toughen this state's laws against metal theft. Beyond, you know, the simple fact that theft is against the law.

The WTF (I don't know if that's what they call themselves, but I'm gonna for typing purposes) is a conglomerate of businesses and business advocate groups that's overseen by the MPA, Building Owners and Managers Association of Greater Tucson (BOMA Tucson) and the local Certified Commercial Investment Member (CCIM) chapter that hopes to fight metal theft through what it calls a three-pronged — pun intended? — approach of education, electorate and enforcement.

The email I got was in regards to the electorate prong, as a couple of bills going through the Arizona Legislature intend to better define what is and isn't considered metal theft, as well as what kind of penalties such theft would result in and a means to accurately register and track all authorized scrap metal dealers.

The bills are being spearheaded (yes, pun intended) by Gilbert State Rep. Thomas Forese (R-17). The email I got urges me to contact a State Senator, though, Gilbert-based Andy Biggs (R-12), since he's chairman of the Rules Committee.

Sounds like a good plan, all in all. One suggestion for the WTF, though: update those stats on your Web site. The information makes references to "in 2012 so far" and "last year (2011)."

Undocumented immigrants around the nation are organizing marches demanding a stop to deportation and asking for immigration reform inclusive of all 11 million undocumented people in the U.S.

Raul Alcaraz Ochoa, organizer of the local march, said the Tucson community will also request that Tucson Police Department use the loopholes they have available to not fully enforce SB1070, as calling Border Patrol is left up to the officer's discretion.

"There's loopholes that they can use to not have to call Border Patrol," Alcaraz Ochoa said. "We've had over 20 workers in the last year be taken where police calls Border Patrol and then they're separated from their families."

Because undocumented immigrants can't vote or run for office and directly change the discussion on illegal immigration, they are using other methods such as rallies, political protests, marches and civil disobedience to pressure politicians to talk about and vote on immigration reform that takes into account all members of a family affected by the reform.

"So we're bringing attention to all these issues at a local, at a statewide and at a national level," Alcaraz Ochoa said.

After seeing that relying on others to make those changes didn't solve anything, undocumented immigrants have decided to come out of the shadows in a nationwide campaign called Ni Una Deportacion Mas (Not One More Deportation). Alcaraz Ochoa said undocumented people in the U.S. are realizing they need to find ways to stand up for themselves, since they're the ones being directly affected by anti-immigration laws, in order to truly see a change in immigration reform.

"If we don't do things for ourselves nothing is going to save us," Alcaraz Ochoa said. "We've tried everything else. We've called politicians, we do letter writing, we do rallies, we do protests, we do marches and we're still getting people deported at the biggest levels we've seen in the history of this country."

The marches across the U.S., according to Alcaraz Ochoa, show how serious undocumented immigrants are about immigration reform and about putting a stop to deportations which separates families. A recent video of an 11-year-old in Phoenix went viral, serving as an example to the effects of anti-immigration laws and drawing attention to the issue.

Despite anti immigration laws directly affecting those who are undocumented, Alcaraz Ochoa emphasized that an entire community is affected when some of the people in it are deprived of human rights. Those marching in Tucson will ask TPD to change their enforcement policies and ask Tucson to truly become the the immigrant-welcoming city it declared last August.

The march will start at the Southside Presbyterian Church at 317 W. 23rd Street at noon and ends at the TPD downtown station at 270 S. Stone Ave.

If your answer to the question in the headline was "no," then you need to get your priorities in order, friend.

For those that missed this week's cover story, we've matched up 32 of Tucson's most famous folks and set them against each other in an effort to find out who you, the Tucson Weekly readership, believe to be the most famous Tucsonan.

That being said, there has been a slight change made to the voting process—the first round of voting is going to be split into two sections. Part one will be up until Monday. Then, we'll switch out to part two, which will be online 'til Wednesday. Voting will then proceed as outlined in "The Tucson Weekly Celebrity Showdown."

If you haven't voted yet, get to it!

This just in: It's hot.

Today marks the second day in a row that Tucson has broken record high temperatures.

At 1 p.m. today it was 89 degrees, breaking the old record of 87 degrees that was reached in 2007, according to The Daily Star. Yesterday, the highest temperature reached was 89 degrees. This broke the record set in 1989 of 88 degrees.

If tomorrow's record high is to continue on this breaking trend, it will have to beat out 93 degrees.

The weekend, however, looks slightly more promising for those with plans to spend it outdoors. Saturday's high is still 90 degrees, but Sunday cools down a bit with a 86 degree high.

In other words, stay indoors or in a pool for the rest of the day, as it could reach up to the low 90s in what is left of the daylight.

Today, the Boston Phoenix, an alternative weekly that has been in operation since 1966, announced today that they'd be folding up shop.

The announcement has triggered a number of responses and lamentations, but the one that's struck the deepest chord so far today has been this account by former Tucson Weekly editor Jimmy Boegle, at the Coachella Valley Independent.

In it, he spells out his hopes he still holds for alternative publications in the digital age...and mentions that, once upon a time, Tucson could have lost him to Boston.

From the Coachella Valley Independent:

Diverse media voices are important to a community. I have seen this firsthand; in my hometown of Reno, Nev., I was lucky enough to edit the Reno News & Review in my mid-20s, and watched the arts scene grow in Reno along with the paper. I saw it in Las Vegas, where I worked for CityLife. And I saw it in Tucson, where the Tucson Weekly is, in every way, an important piece of the fabric of the community.

Just like the Phoenix was in Boston. That important piece of fabric just got ripped out of Boston. And in its place will be a gaping hole.

The lesson here for those of us outside of Boston is this: Support good, ethical local media. Good, strong, entertaining journalism can make a community better.

I recently met with a local advertising-agency head; he was kind enough to take the time to allow me to introduce him to the Independent. At one point, our mission statement came up, and I spoke a bit about how I believed in quality reporting and writing, as opposed to the regurgitated-press-release-style of writing that’s far, far too prevalent in the Coachella Valley today.

He responded that while creative types like himself appreciate good writing and reporting, most businesses who are spending advertising dollars don’t care; instead, they care about getting their message out to the right customers, period, no matter the quality of what surrounds their ads.

I told him that while I was confident the Independent would indeed be a good fit for his clients’ customers, I was banking on the fact that I believe readers and advertisers still want quality journalism, too.

I hope to God I am right; I am betting my personal financial future on it. While, at first glance, the closure of the Boston Phoenix worries me, Peter Kadzis’ words about applause by readers and local advertisers—combined with the fact that the papers in Portland and Providence live on, and will even be adding staff—give me hope.

Part of why we've made a bit of a big deal regarding Circle K pushing us out in favor of AZ Weekly (which we're sure is a fine publication) is that members of the community that we serve might not get a chance to see content we're producing that the local daily isn't able to replicate, and that this paper out of Phoenix absolutely cannot replicate — at least, not without having someone cut them a check to do so.

It's why, in the wake of that loss, we've produced a map that directs you where to go around town to pick up copies of our paper, more often than not at local small businesses.

As a community, we're all in this together. And though there may be a number of folks out there who don't dig all of our content, who may be offended by some of the stories we run, the fact remains that we've got to try to support what's local—this city deserves at least that much.

If not, then Tucson's liable to be overtaken by Phoenix — and honestly, who the Hell wants that?