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Anti-Illegal Immigration Activist Sues His School District
Riverside County teen says he has a right to hold a rally against illegal immigration.
By David Kelly, Times Staff Writer
June 14, 2006


When a school assembly in Mira Loma turned into a virtual rally supporting illegal immigrants, a frustrated Joshua Denhalter asked permission to hold his own demonstration.

The Jurupa Valley High School senior carefully typed up an agenda with speakers and topics to be covered and gave it to school officials. They denied his request, citing fears that a protest could lead to violence.

Annoyed yet undeterred, 18-year-old Denhalter tried to organize an off-campus rally in March but was suspended for three days for handing out fliers about it on school property. He was also told he couldn't wear a T-shirt with anti-illegal immigrant slogan emblazoned on the front.

Denhalter, of Mira Loma, responded last week with a $25,000 lawsuit against the Jurupa Unified School District, saying his free speech rights had been violated and his reputation damaged. He wants an apology, the suspension erased from his record and an acknowledgment that the school was wrong.

"They pretty much silenced me; they put me in a box," he said. "They did it because they feared what the other side might do. Because of that, my rights were curtailed."

Denhalter is scheduled to appear in Riverside County Superior Court today to ask a judge for a restraining order against his school that would require it to let him hold his rally and wear his T-shirt. The school year ends next week.

The school district denied the allegations in a prepared statement, saying a forum was arranged on campus to give all students the right to express their views on the immigration debate.

It noted that students didn't have an unfettered right to free speech "when such speech incites students to break rules or substantially disrupt school operations."

Richard Ackerman, Denhalter's attorney, said the school muzzled Denhalter out of fear that he would be controversial. At the same time, he said, they allowed MEChA, a Latino student club, to organize the school rally supporting the rights of illegal immigrants.

"The only reason they gave for what they did was that his actions would be disruptive," Ackerman said. "It's a discussion of a legitimate political issue. In my opinion, they have an agenda besides keeping the peace. It's political correctness run amok. The government should not be deciding what is controversial."

Graciela Larios, president of the UC Riverside MEChA club, said Denhalter wanted it both ways.

"I find it ironic that the first thing he did was attack MEChA … but then he wants his own free speech," said Larios, who noted that her club acted as a mentor to the high school MEChA group. "I think everyone should have the right to free speech, but I think his actions speak louder than our words."

District Supt. Elliott Duchon said security at the school was heightened the week of March 27 because of pro-immigrant demonstrations around the country, along with student walkouts throughout Southern California.

"This district is concerned with safety and security of students first without regard to race or point of view," he said, declining to comment on the specific reasons for Denhalter's suspension.

School Board President Carl Harris said a rally was held at the school and that it was one-sided.

"There were kids who believed the issue was about race, some believed it was about unfair immigration laws, some don't believe 'illegal' means illegal," he said. "There are those who were stymied by those views. It appears the vocal majority believe illegal immigration should not be illegal at this point, and Josh had an opposing view."

Harris said the school was on partial lockdown because of threats of violence coming from both sides of the debate.

It's not acceptable to escalate "a situation that is already bad no matter what side they are on," he said. "Prudence is the better part of valor."

Denhalter, who will join the Marines when he graduates this month, said those weren't good-enough reasons to forbid his demonstration.

He said the school assembly was touted as a rally opposing legislation targeting illegal immigrants, not a forum for all viewpoints.