Terri Verde, left, congratulates
her sister Miriam Cade, right, after the
announcement was made that Judge
Bob Wortham decided a full hearing
will take place in September.
Dave Ryan/The Enterprise

Judge rules for South Park

By KEN FOUNTAIN and EMILY GUEVARA
August 4, 2009
Posted: August 4, 2009, 7:09 AM CDT
Last updated: August 4, 2009, 12:44 PM CDT


Texas District Judge Bob Wortham gave Greenies reason to celebrate Monday by temporarily barring Beaumont ISD from demolishing South Park Middle School.

In the much-anticipated ruling, Wortham found there was sufficient evidence that the district misled voters in the 2007 bond election about plans for the 1923 structure to grant a temporary injunction.

The judge set a full trial and permanent injunction hearing for Sept. 21 in his 58th District Court. BISD was expected to begin demolition of the South Park campus next month.

Melody Chappell, lead attorney for BISD, said she anticipated the district would appeal Wortham's ruling "in the near future."

She also said she expects to ask Wortham to impose a bond of at least $500,000 on the plaintiffs in the interim period to offset costs the district incurs by not proceeding with the school's demolition and subsequent construction of a new campus on the site.

Chappell said it could cost the district as much as $500,000 each six months that construction of a new South Park Middle School is delayed. The project is currently budgeted at $33 million.

Michael Getz, who represents the Beaumont Heritage Society, and 1969 South Park alumnus Eddie Estilette called the decision "courageous" in a press conference outside the 86-year-old building.

The rally was attended by more than 20 South Park High School alumni who cheered and broke out with school chants when they heard the news.

"The court is not allowing BISD to lie to voters then change its mind," Getz said.

Getz said preservation of the school is about fiscal responsibility more than anything else.

Wortham's ruling

In the four-page ruling issued late Monday afternoon, Wortham found that the district, through its own personnel and representatives, printed there would be "No demolition of South Park" in a pro-bond pamphlet produced by the Greater Beaumont Chamber of Commerce and distributed to taxpayers prior to the 2007 bond election.

Two witnesses, including City Councilwoman Nancy Beaulieu, who helped manage the pro-bond campaign, testified that the information in the pamphlet regarding South Park was provided by Jolene Ortego, then the district's communications director.

"If a governmental entity induces the voters to approve a bond issue by making certain representations about the issue, it is bound by those representations," Wortham wrote in his ruling.

Wortham referred to a 1985 case cited by the district in which the court ruled a governmental entity is only bound by an order or a resolution adopted at a properly convened meeting.

However, he wrote, that would not necessarily apply in a case where voters were misled by an entity.

"In the case before us, the defendants 'acquiesced' in the making of specific recommendations as part of program to convince the voters that the bond should be approved," Wortham wrote.

"As a matter of good conscience the board cannot be permitted to substantially deviate from its representations without working a deception upon the voters," Wortham wrote.

He added granting a temporary injunction would allow Getz and the district's lawyers to produce witnesses and other evidence that would help both sides flesh out the case for a full trial.

The ruling "will not substantially delay the construction of a new school at the South Park campus," Wortham wrote.

Granting an injunction would cause the plaintiffs irreparable harm, he said.

Chappell called the ruling "a disappointment."

She said Wortham's decision was a "misreading" of the law and said it seemed Wortham believes the district is bound to promises made by anyone other than the school board.

"But that's what judges are for, and we will abide accordingly," she said.

Greenies celebrate

At the Greenies celebration on the South Park campus, alumna Miriam Cade Nichol embraced Getz in appreciation after he announced Wortham's ruling.

"You made me happy," she said with tears in her eyes.

"It's not over," Getz told her.

"I know, I know," said Nichol, 58, who graduated in the class of 1969. "But we got this far."

Nichol had been one of the South Park alumni instrumental in gathering signatures last spring from more than 2,700 people opposing the building's demolition.

Those signatures were later presented to the BISD school board.

At 80, Genie Balliew Browning probably was among the oldest alumni at the event.

"This school gives me more memories than I can handle," said Browning, class of 1946.

"And if it wasn't for this school I wouldn't have ever had the pleasure of living that I had."

She said she was very glad to know the school will stand for at least a little longer.

"I'll never forget it even if they tear it down," she said. "But they better not."

Still, there are those who are ready to see the building go.

Kenny Williams, 50, a retired lab technician from Beaumont, said it's time to give the new generation a new school.

"It's time to let the past lie in the past, those of us who went to South Park and these other schools. It's time to let these kids create their own future," said Williams, who attended South Park for one year in 1974. "We had ours. It's their time."

Jessie Haynes, special assistant to Beaumont ISD Superintendent Carroll Thomas, called the decision "crushing."

"It's a shameful day for the city of Beaumont," Haynes said. "We've got to come together as a community to give those kids a good school, a new facility, a safe facility."

Touching on the issues of racial division that were brought up in the hearing, Haynes said: "It's not about black or white, rich or poor. We have to come together for the kids."


Comments:

gettothebottom wrote:
Re Judge Wortham's ruling: In a word: estopple You can't go around duping the folks and expect to get away with it. Changing the rules in the middle of the game, or horses in mid-stream is not the way to win friends and influence people. But wait...I think we may be onto something. Respect from the community apparently doesn't matter. That's been made clear. Unafraid and unabashed, these "stewards of the public trust" further insult constituents, who were duped into supporting the bond election, by pressing on with their unethical (if not illegal) hard-ball tactics. Administrators and attorneys work under licensure, which can be revoked if certain boundaries are crossed. There are ethical violations and criminal violations - or both. With the "digging in" currently observed by the BISD officials, I would say it's time for some up-close and personal scrutiny. Why would reasonable persons sincerely concerned about education and economical issues, entertain spending double the millions of dollars? Why would leaders compromise their integrity and reputation (or what's left of it) for a legacy of deception and disgrace? Re BISD's stance: In a word: Kickbacks.
08/04/2009 10:23 PM CDT

legaleagle wrote:
Sports Fan - Are you an engineer? The engineer that testifed at the trial has more experience in building commercial structures that you or I. His tetimony was that the school can be renovated for 15-20 million dollars as opposed to 35-45 million for a new school. And I am not talking about a patch job. I am talking about taking the building down to its outer shell, gutting the interior (except for the auditorium) and making the "new" South Park state of the art. HIs testimony was that by starting with the exterior walls and foundation, you could save 30% of the cost of a new building. Plus, why does BISD want to build a larger school for 700 kids when only 400 go to South Park? It is crazy. Did I go to the Town Hall meeting? No, I did not hear about it. There was a three sentence announcement about it in the Beaumont Enterprise and I did not see it until after the fact. Very poorly piblicized, except to the students at the school, who were told to make signs stating there desire to demolish the building and to bring their parents to the meeting and they would be exempt from homework that night. It was more like a pep rally then a meeting - I have seen the video and heard the comments. Pure propaganda. As for the citizens in South Park having their say about the school in their neighborhood, that would be great if they were footing the bill for the new school but that is not the case. That 35-45 million new building is being paid for by ALL the citizens of Beaumont. Why not put it to a vote of all the Beaumont BISD taxpayers and see if the vote is to demolish the building or renovate? I'll bet you a $100.00 that the vote would be overwhelming to renovate.
08/04/2009 09:26 PM CDT

dk wrote:
Carroll Thomas and his pack of black want-a-be panthers are destroying in Beaumont. Why is the population getting smaller ? Everybody knows why. Nobody wants to send their kids to schools where the so called superintendent thinks more about salary than education. You idiots on the school board are so like sheep, you grab our tax dollars and throw then to the black Hilter like our tax dollars grow on trees.
08/04/2009 08:38 PM CDT

rock wrote:
sportsfan, SP supporters don't want the responsibility of maintaining the building. They villianize the BISD, then expect them to succumb to their wishes.
08/04/2009 06:45 PM CDT

SportsFan wrote:
Legaleagle- where were you when the town hall meeting took place? Why did you and the Heritage Society not come and voice your opinion then? I was there, and there were maybe ten people supporting renovation. My concern with renovation is that it would cost millions more, because everything with the exception of the outside would have to be replaced. Pipes, wires, etc. When you drink from the water fountain it is orange. Plugs short out. I agree, it is a beautiful building. Why doesn't the Heritage Society buy it and make it a monument to memories of what was?
08/04/2009 05:59 PM CDT

southerngirl wrote:
My brother graduated from South Park High school in 1986 (Go Greenies) and I went there when it was a middle school (Go Eagles). Anyway I am assuming there is a reason they would like to tear it down, for example is it safe and sound for the children, are pipes corroded after all those years, how about lead paint. I feel the safety of our children is more important historical or not. Also things have changed over the years and our current and future generations deserve a fresh start. I went to Pietzsch Elementary and my niece went there too and it looks nice. I still remember it as Pietzsch even with the new look. Even if they don't decide to demolish South Park at least make sure it is up to current codes and standards of current times for our kids sake.
08/04/2009 05:44 PM CDT

rock wrote:
The people living in the south end today should be the most important voices in this discussion. If you live in the area and you have kids in the schools, your opinions should count. If you've bailed out of the south end, or even the city, then you chose your path and must live with it.
08/04/2009 05:16 PM CDT

legaleagle wrote:
Sports Fan - Are you not following what the position of the Beaumont Heritage Society is? No one is saying the children should have to go to that school in its current state. The argument made in court is that it will cost less to renovate the building then to build a new one. If that is true, then what is wrong with that?
08/04/2009 05:03 PM CDT

SportsFan wrote:
People, we could spend all day debating what could have been done. I realize that things have been neglected, but we need to look at what is there now. I cannot believe you guys are using an educational facility for you "CAUSE". The children in the South Park area need a facility that is clean and safe. The school district is trying to provide that. How many of you have even been in the building in the past months. And, let me ask again, Would you send your child to school there?
08/04/2009 04:28 PM CDT

Wavy Gravy wrote:
It never flooded when it was part of SPISD. The floors were all stripped and rewaxed every summer. I know because I was there doing it. One coat nearest the lockers standing room and three coats in the center of the hallway high traffic area. The grass was kept neat and trimmed. Lack of maintenance on Carrol Thomas orders got the building in the condition it is now. Renovate and take it out of his salary is OK by me. That loser should have been sent packing years ago. It's all about the power and politics of an overpaid madman. You know. A dictator.
08/04/2009 02:33 PM CDT

GALATIONS 4:16 wrote:
Sportsfan, what ever happened to maintenance? This did not happen overnight. Another Carroll Thomas legacy. Dont fix anything let it rot and the taxpayers will build a new one.
08/04/2009 01:17 PM CDT

SportsFan wrote:
All of you forget that the job of the school district is to educate kids. How can we educate students at South Park when there holes in the third floor, black mold on the wall, and all sorts of varmints. When it rains, the first floor floods. So, do you Greenies suggest removing the school, raising the elevation and then replacing it? All of you have gotten caught up in what you want, not what is best for the children. Holw many of you would send your child to school there tomorrow?
08/04/2009 12:48 PM CDT

Wavy Gravy wrote:
Selfish? SELFISH?? Is the former Beaumont High School building still standing? Is the former French High School building still upright too? Both were pieces of the BISD pie before and after the merger. Well, those folks who keep those places in good repair must be selfish. Or are they the disciples of Carrol Thomas and his henchmen who by design have plotted to remove anything and everything formerly South Park? Selfish indeed. Wake the heck up. You've been played for fools. It's not too late to educate the educators regarding local history and a proud South Park. If you throw away history you throw away yourselves. Enough is enough. Calling Thomas out is the right thing to do and just in the nick of time. As Lincoln said "It's a sin to be silent when it is your duty to protest."
08/04/2009 11:24 AM CDT

GREENIE 1969 wrote:
I have every petition that was signed and there are over 3400 (2800 Beaumonters). The petitions came from all over the world. We had petition drives all over Beaumont.You know I have been involved with this since the beginning and I have not had one person tell me that they would not sign petition.
08/04/2009 10:49 AM CDT

Anon1964 wrote:
I respect your opinion, but I don't agree with you at all. My opinion has absolutely zilch to do with race. I don't care if you are black, white, green, red or purple, and I would feel the same way if the superintendent was white, or Hispanic or any other race. In terms of straight legality, the petitions don't really even factor into my opinion, regardless of number (that's a secondary issue which just increases my distrust in BISD leadership). This is about being lied to in an election, and it just can't be allowed to slip by. My feelings are bilateral- I hope they are able to preserve something that means SO MUCH to so many people, AND help make for a better education for these kids. I don't see why one has to be exclusive of the other, you know?
08/04/2009 10:29 AM CDT

Interested Bystander wrote:
This was a local election, not a national one. Yes, anyone can sign a petition. That is their right no matter where they live. The numbers that signed the petition seem to get larger and larger.First it was 2300 then 2500 now 3500? On Sherry Sharp's site she states 2800. Surely no one is lying about the numbers. How many people actually signed the original petition? Just a question? This matter has inflamed lots of emotions. Bottom line this has become a racial issue- green versus black. Not all white citizens agree with the injunction. Al Caldwell made a lot of sense on his morning talk show.
08/04/2009 10:20 AM CDT

Anon1964 wrote:
Awesome post, legaleagle. I don't think people understand what the real issue is here. No one is saying kids have to attend school at South Park the way it is now. If you ask me, this is about election fraud first and foremost, and saving an historic building second. it's about time somebody called out BISD for their lying and theiving ways!
08/04/2009 10:16 AM CDT

Anon1964 wrote:
According to testimony by BISD employees (and documents presented in court) it was GUARANTEED that South Park wouldn't be torn down in the bond. Then we voted, and suddenly it changed to this loose and liquid language you can find in the demolition proposal. Who cares if the petitioners still live in Beaumont or not? Having moved away from here doesn't take away their rights, so that's just ignorant. I voted in the Presidential election, but don't live in Washington DC. Should my vote be voided? Personally, I'm fine spending money on the hearing if it means BISD won't be allowed to use forty million they essentially stole from the bond. I guarantee this hearing cost less than that. This bond had nothing to do with education in the first place. It's about athletic complexes and the personal agenda of Carroll Thomas. Last time I checked, a Jumbo-Tron can't give a history lesson.
08/04/2009 10:09 AM CDT

rock wrote:
The save SP supporters seem to base their argument on three things: school pride, lies, and history. We all have fond memories of high school, but you can't live in the past. As far the " BISD lied" comments, we will have a full trial and the facts will come out. Those comments seem exaggerated. The historical argument has merit. The Heritage Society and SP supporters need to come up with a plan for acquiring and maintaining the building. BISD could give them the building and build elsewhere. It seems like the SP supporters don't want that responsibility. You know, when you visit the Alamo they tell you not to touch the walls because its a really old structure. A school is a very active environment, not a museum. It's time for the residents of the south end to have a modern learning facility.
08/04/2009 10:07 AM CDT

legaleagle wrote:
There were over 3200 people that signed petitions. The 2600 Interested Bystander referenced were all citizens of BISD. BISD did promise prior to the election to not tear old South Park down and that did influence a lot of voters. These are facts. BISD has two choices at this point. Build a new school in a different location (there is room on the current campus for a new school) or to renovate the old school. Also, consider this - there are only 400 kids that go to that school at the current time and that is projected by BISD itself to continue to go down. DOES IT MAKE SENSE TO BUILD A 153,000 square foot facility, which is 50,000 square feet bigger than what is there right now, at a cost of 43 million dollars when the current facilty can be renovated for less than 20 million dollars. How can you justify that? And remember, it is not the citizens that live in the South Park community at the present that will be footing that bill - it is everybody. IT JUST DOES NOT MAKE FINANCIAL SENSE
08/04/2009 09:47 AM CDT

Interested Bystander wrote:
Even if the bond did say the old building would not be torn down(which it did not) the bond passed by over 58%.The final bond proposal on August 30, 2007 stated a new building would be built. Take out a handfull of voters who only voted for the bond because of South Park, ( you can't use the 2600 signature petitions because all of those who signed do not live in Beaumont) and you would still have a majority of people who were for the bond. The extra expenses incurred because of the injunction are coming out of our tax dollars that could be used on educating students.
08/04/2009 08:26 AM CDT

Corey wrote:
I wonder why no one has brought up any fuss about the new Amelia elementary school thats under construction. The Judge should have more respect for those students and ordered that school be torn down, however we all know what part of town it must be just from the decision made. As for those who oppose demolishing the school, these are people who do not want to let go of the past. Please quit being so selfish and thinking of only yourselves. I willing to say that most of you no longer live in that part of town, and have no desire of hanging around there either. Let's give the children a chance to create they own future, just as you the former students did. Holding on to something that does not profit anyone is selfish as I have already said and besides when you die you can not take any of it with you anyway.
08/04/2009 07:29 AM CDT

bowd wrote:
You need to change the headline of the article..ruling for South Park would allow the district to tear the buidling down, just like the people that live near the school, attend the school and work at the school wanted.
08/04/2009 07:17 AM CDT