Ho by Ho v. San Francisco Unified School Dist.

The Consent Decree entered on April 30, 1983, in San Francisco NAACP v. San Francisco Unified School District, No. C-78-1445 WHO, to end segregation in the San Francisco Unified School District (“SFUSD”) provides, in paragraph 13, that of the nine racial or ethnic groups of which the student population was composed in 1983, no fewer than four are to be represented in any school’s student body, with no racial/ethnic group permitted to constitute more than 45 percent (40 percent at any “alternative school”) of the school’s total enrollment.

Named plaintiffs Brian Ho, Patrick Wong, and Hilary Chen, each of whom applied to and was rejected for admission to schools “capped out” (at the maximum level of enrollment) for students of their race/ethnicity, bring this class action under 42 U.S.C. § 1983 to dissolve the Consent Decree, which they allege was and is unconstitutional, and to restore the status quo. The case is currently before the Court on plaintiffs’ motion for summary judgment. For the reasons hereinafter set forth, the Court denies plaintiffs’ motion.

I.

Plaintiff Brian Ho was five years old in 1994. He was rejected from the 1994-95 entering kindergarten class of…