'Hard to look away': New Mexico students get up-close look at Supreme Court proceedings

Scores of students from around New Mexico watched oral arguments before the state’s top law panel on Monday as part of a program aimed at shedding a light on their judicial system.

Monday was the first time the program, dubbed the “Rule of Law” program, has been to Albuquerque, a courts spokesperson said.

Fittingly, the day’s oral arguments centered on a lawsuit stemming from a 2018 incident at a West Side high school that drew national attention, in which a teacher allegedly called a Navajo student a “bloody Indian” and cut the braid of another Indigenous student during class.

“We are literally bringing our historical courtroom here to Albuquerque,” Chief Justice David Thomson said during opening remarks. “... Hopefully we may inspire a new generation of leaders.”

Throughout the oral arguments, some students sat forward in their seats, seemingly captivated by the proceedings.

“I found it very fascinating and hard to look away,” said The ASK Academy senior Riley Williams.

With college on the horizon, Williams said going to law school has been her plan since she was a sophomore. Watching state Supreme Court justices and attorneys in action, she said, reaffirmed that plan.

“This is the life that I really want, and this is a job that I can definitely see myself in,” Williams said. “And that made it so much more interesting to watch and pay attention to.”

That said, presenting such complex legal concepts and dense arguments did make some students’ heads spin.

“I was interested at first, but I didn’t really understand some of it,” said Native American Community Academy junior Hadley Daye. “I kind of got lost in some parts of it.”

After the arguments, students leaving the hall were met with a small demonstration of people supporting plaintiff McKenzie Johnson, who is Navajo and in 2018 was targeted by the teacher’s comment.

In part organized by student activists, demonstrators held signs reading such things as “Don’t touch my hair,” messages The Red Nation organizer Demetrius Johnson, also the older brother of McKenzie, said were important for high schoolers to see.

“When this case first came out, it really was just an Indigenous issue,” Demetrius said. “But as this case developed, it became more of protecting all students, regardless of race, gender, religious affiliation, any of that.”

The arguments

Monday’s oral arguments came after the state Court of Appeals last year overturned a previous district court ruling tossing the case.

Siding with APS, that district court found the state Human Rights Act in fact did not apply to the incident because Cibola High School, where the incident took place, wasn’t a “public accommodation.” In the state Human Rights Act, a public accommodation is defined as “any governmental entity or any establishment that provides or offers its services, facilities, accommodations or goods to the public.”

Under the act, it is unlawful and discriminatory for such establishments to make any distinction on whether they offer or refuse services from anyone based on race, religion, ancestry, national origin, gender, etc.

In overturning the district court decision, the appellate court in part found that Cibola is a public accommodation because it offers services to the community as a whole.

On Monday, attorneys and the justices rehashed those arguments, with Roxie De Santiago, an attorney for APS, asking the panel to toss the appeals court decision and uphold the district court’s ruling.

“This case is not about condoning bad behavior. That is not why we’re before the court,” De Santiago said. “This case is about a choice of law.”

Conversely, Leon Howard of the American Civil Liberties Union of New Mexico argued McKenzie Johnson was a “courageous student” who was aiming to affirm the state Human Rights Act.

“Places of learning positively impact our community,” he said. “They must be accessible and welcoming to all — free from discrimination, as envisioned in the spirit of the New Mexico Human Rights Act.”

Whereas the justices grilled De Santiago, arguing the nuances of her position, they spent much of their time with Howard focused on what siding with Johnson might look like.

That said, the panel did not render a decision on Monday.

In a statement, APS said it trusts the legal system “will fully and fairly consider the legal arguments and the appropriate role for the judiciary in this matter.”

“APS eagerly awaits the Court’s decision, and we thank them for the opportunity to present the District’s case in oral argument,” APS said.

McKenzie Johnson, the plaintiff in the case, told the Journal she felt confident the panel would rule in her favor.

“Our children in school should be protected, and … administrators should be accountable for their actions,” she said. “... I trust their judgment that they would protect us in schools (so) that from now on, things like this won’t happen again.”