To the Editor:
The Injustice of our Justice System
Recently the Ventura Star carried an article concerning the sentencing of a young Fillmore man, Fernando Ferrer, for vehicular manslaughter that occurred in August 2012. Fernando fell asleep while driving and caused an accident that killed a woman passenger in another car. He was sentenced to four months in jail, 5 years probation and monetary restitution to the victims. There were no traces of alcohol or other substances in his system. Fernando is an upstanding, hard working, law abiding citizen as are the other members of his family. They give more than they take from the community and anyone would be proud to have them as friends and neighbors.
Contrast this to an incident that happened in December 2011 when another young man, Michael Cedarland, suffered a seizure while driving on highway 126 and smashed into a Starbucks in Fillmore killing Sergio Mendez, a decorated Iraqi war veteran, as he sat enjoying his coffee and talking to his mother on the phone. Mr. Cedarland was not charged even though he had suffered seizures prior to the accident and thus had a known, pre-existing condition. In fact, his driver's license had been suspended but re-instated.
No doubt both incidents are heart wrenching and traumatic for the victims and their families and caused mental anguish that will never totally go away. However you be the judge; which individual is more to blame - Mr. Ferrer or Mr. Cedarland? One fell asleep while driving and the other had a seizure due to a known, pre-existing condition. One is treated as a criminal while the other goes scot free. Oh, I forgot to mention; Mr. Cedarland is a Deputy Sheriff.
Dave Anderson

***

To the Editor:
Resident Charles Richardson statement to the Fillmore Unified District Board meeting, Tuesday, May 28, 2013:
“My name is Charles Richardson and I reside at the El Dorado Mobile Home Park.
My primary reason for addressing you tonight is over the Flag stomping issue which occurred at Fillmore High School a couple of months ago.
The act was perpetrated by Sophomore English Teacher Jennifer Fitzpactrick as she was teaching her class. The act was supposedly to teach
about our U.S. Constitution, 1 Amendment, and saying how that amendment gives her the right as a freedom of expression. Hence the flag stomping to show her rights. She might be legally right as far as the Constitution is concerned but not only is she
morally wrong she is also wrong as far as the U.S. Code covering the American Flag is concerned.
Please allow me to enlighten you about the Code as it pertains to the use of the
American Flag. The Code was revised by the House of Representatives on 1/03/2012.
It reads as follows: READ CODE PENALTIES:
Now, are you going to allow Jennifer Fitzpactrick to get away with performing this
desecration of our American Flag and allow her to go unpunished for this act like she
did especially on school property which we own is this what Fillmore High
School has come to stand for?
However, as I have read to you under the U.S. Code Titles 4 & 18, Chapter 1 and
Section 700 (Crimes and Criminal Procedure) she and you School Board
Members need to read this Code and take appropriate action.
Technically, she may think she has the right to cite that what she did is allowed under the 1st amendment. However, the U.S. Code as adopted by the House of Representatives say she cannot. And her punishment is dear.
And even if there wasn’t a Code regarding the Flag, Jennifer Fitzpactrick was dead wrong to commit this act. Thank God for the Code!
What she did was to denigrate every person who has ever fought under this great banner. She has preformed a tremendous disservice and has shown a total lack of judgment and respect for what the American Flag represents. I am offended! Hence, my addressing you tonight. By the way, I spoke with and followed up that conversation with a letter to Fillmore High School Principal Russom Mesfun on March 27. No response.
Let me ask you this, what if she would have used the KORAN or Mexican flag? Do you think there would be only a few people here tonight raising their voice against that outrage? Here’s what we want you to do. Suspend Jennifer Fitzpactrick. The House of Representatives says you can and she could even go to Jail! The very least you should do is to reprimand her with a letter in her file that will follow her to wherever she tries to teach in the future.
Also, I want her to public apologize for this outrageous act and show contrition. School Board, take an action tonight. What Jennifer Fitzpactrick did in showing disrespect to our Great American Flag, the symbol of freedom around the world, was despicable!
My final comment is on the hideous color scheme that was chosen for the new Rio Elementary School. Not only is the black color bad, the fact that it looks like a prison is atrocious as well.
Thanks for your service and time I listening to me. Now take some action.”
Charles Richardson

***

To the Editor:
At the May 14, 2013 meeting of the Board of Education, Board members and District administration listened carefully when three community members exercised their public comment rights to criticize the act of a District teacher who stepped on an American flag during a class lesson.
It has been stated that the Fillmore USD teacher should be dismissed, alluding to a reported instance where a South Carolina teacher who stepped on a flag was terminated. If media reports of that incident are reliable, there was apparently a significant settlement paid by the school district in that matter to resolve pending litigation by the teacher. Moreover, Fillmore USD must observe the rights and obligations of its teachers under the California Education Code, not South Carolina law.
Following receipt of a parent complaint in February 2013 about this action, the Fillmore USD investigated the conduct and its context. It found that the teacher conducted a class demonstration concerning certain rights and obligations of American citizenship. The lesson addressed Constitutional guarantees of freedom of expression, study of the Flag Code, and court cases concerning the treatment of the flag.
Although this act is understandably offensive to many, what some may construe as inappropriate treatment of the American flag has been addressed by the United Sates Supreme Court in Texas v. Johnson 491 U.S. 397 (1989). Justice Brennan wrote: "And, precisely because it is our flag that is involved, one's response to the flag burner may exploit the uniquely persuasive power of the flag itself. We can imagine no more appropriate response to burning a flag than waving one's own, no better way to counter a flag burner's message than by saluting the flag that burns, no surer method of protecting the dignity even of the flag that burned than by--as one witness here did--according its remains a respectful burial. We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents."
The District respects the rights of all of its students to learn about the freedoms and responsibilities that Americans enjoy, including our protected right to disagree with one another.
Earl Davis
Interim Asst. Suprintendent
Business & Admin. Services