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Speaker 1: Welcome. Kurt Hartman from the Fitty Law firm, got another

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Speaker 1: lawsuit to talk about. Kurt, could you have you back

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Speaker 1: on the show today? Happy for open today?

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Speaker 2: There all right?

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Speaker 1: First off, you on behalf of your client, Lisa Daily,

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Speaker 1: resident of the school district forest Hill School District, specifically,

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Speaker 1: you find a lawsuit on her behalf asking the Forest

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Speaker 1: Hill School District to produce, hopefully an unredacted copy of

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Speaker 1: their Immigrations and Customs Enforcement response plan. Kurt Hartman got

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Speaker 1: to start with, why do they have one in the

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Speaker 1: first place? Is this a plan in search of a problem.

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Speaker 1: What's the story behind why they have one? Then we'll

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Speaker 1: get to the reasons why you're suing them.

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Speaker 3: Yeah, no, it is definitely, you know, a solution in

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Speaker 3: search of a problem. But what has happened is, you know,

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Speaker 3: since the last election, the ultra left, ultra progressives have

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Speaker 3: taken over the Forest Hill School Board and so I

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Speaker 3: think this is align with the radical leftist agenda of

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Speaker 3: those on the school board. The hostility towards the school board,

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Speaker 3: you know, kind of predating this was you know, in

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Speaker 3: late January there was a student walkout, one of these

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Speaker 3: student walkout protesting ice right during the middle class, during

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Speaker 3: the middle school, and there's no accountability, no weak percussions

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Speaker 3: for the students.

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Speaker 2: They disrupt the educational process. But I think because the problem,

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Speaker 2: you know, it was anti ICE at that time too,

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Speaker 2: I had no problem just do it, So, you know,

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Speaker 2: I think they're kind of related, but it kind of

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Speaker 2: shows this hostility and this you know, political agenda that

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Speaker 2: the current school board has well.

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Speaker 1: And I was offended by the walkout too. I was

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Speaker 1: more curious to know on that one. And I don't

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Speaker 1: know that it's ever been reported, But do you know,

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Speaker 1: did those students walk out to protest at the ICE

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Speaker 1: at the behest of their teachers who would should otherwise

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Speaker 1: have said, don't you can't leave class. You're going to

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Speaker 1: be held accountable, suspended, or otherwise face some penalties for

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Speaker 1: walking out of class.

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Speaker 2: No, not at all. Actually, you know, there's this Stull

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Speaker 2: text group that the students were in that I've got

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Speaker 2: access to, was provided privy to, and you know, at

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Speaker 2: first the students were kind of concerned, but then they said, hey,

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Speaker 2: we talked to the principal assistant principal, and hey, everything's fine,

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Speaker 2: we can do it. Just you know, they gave us

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Speaker 2: the parameters do this, don't shout go to the football field,

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Speaker 2: you know. So so in a certain sense, I think

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Speaker 2: school officials were condoning or you know, supporting in a

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Speaker 2: certain sense this walk out. There was never this, Hey

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Speaker 2: you're gonna be disrupting the school, You're gonna be held accountable,

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Speaker 2: et cetera, none of that. You know, it's just okay,

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Speaker 2: you know, and it's just this, you know, let's take

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Speaker 2: an over academia and the educational process itself, you know

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Speaker 2: throughout the country, you know, is this is this heart

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Speaker 2: radical Marxist ideology. And so when the come comes forward,

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Speaker 2: so they do that walk out. Next thing, you know,

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Speaker 2: the school boards meeting and going into an executive session,

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Speaker 2: and we learned that this ice response plan comes out

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Speaker 2: and said, hey, let's see it exactly what your attitude.

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Speaker 2: Let's see what your attitude is. Because what it's doing is,

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Speaker 2: if you think about it, Brian, it's how do we

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Speaker 2: respond to law enforcement officers enforcing the law. Yeah, exactly,

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Speaker 2: So they redact this under a statute that's based upon

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Speaker 2: you know, protecting information that's you know, an attack, sabotage, interference,

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Speaker 2: or acts of terrorism. I mean, this is a statue

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Speaker 2: that was passed right after nine to eleven, And so

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Speaker 2: that's what it's designed. It's okay, we're not here. So

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Speaker 2: when we are attacked, when criminal activity is occurring against

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Speaker 2: or you know, against public offices, how do we guard

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Speaker 2: against that? Which is who we responded? Criminal activity?

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Speaker 1: Right, that's the argument you advanced. Of course, like wait

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Speaker 1: a second, are you telling us that you perceive the

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Speaker 1: ICE agents to be terrorists in essence?

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Speaker 2: Correct? That's I mean, that's what I equate it to.

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Speaker 2: I mean terrorists, savageurs, et cetera. You know, how are

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Speaker 2: we going to respond? And so it's like, let us

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Speaker 2: see it, you know, let's see what attitude are public

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Speaker 2: officials in Forest Hill School District have towards law enforcement.

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Speaker 1: Well, and it's a plan which suggests there are steps

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Speaker 1: to be taken in the event ICE shows up. So

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Speaker 1: isn't that information they want to pass along to everybody

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Speaker 1: so people follow the plan, Kurt, you would think.

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Speaker 4: You know, now in this filing they just made the

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Speaker 4: other day, they said, oh, well, this has only been

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Speaker 4: short shared with administrators, you know, the nor average staff

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Speaker 4: haven't been made privy to this.

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Speaker 2: Well, that's interesting because one of the sections you know,

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Speaker 2: just talks about how bus drivers should respond, and that's redacted.

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Speaker 2: You know, we don't know what it's redacted with bus drivers.

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Speaker 2: So you got this policy, but you're not telling people

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Speaker 2: how to implement it. You know, it's just this grand standing.

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Speaker 2: Like you said at the beginning, you know, it's a

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Speaker 2: solution in search of a problem.

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Speaker 1: And well, the attorney for the school said, you know,

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Speaker 1: since you meant a comment about the education environment and

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Speaker 1: how the students were basically I would argue encouraged to

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Speaker 1: walk out. At least they were told there we're going

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Speaker 1: to be no repercussions to walk out in protesting ice

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Speaker 1: interrupting the educational environment. Pivoting over to the statement by

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Speaker 1: the attorney, Rather, the district explained the ICE response plan

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Speaker 1: was for the purpose of safety and security for students

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Speaker 1: and staff, for protecting and maintaining the educational environment from

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Speaker 1: interference and redactions. We're legitimate understate law. I don't know

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Speaker 1: how you get to redactions where legitimate understate law. But look,

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Speaker 1: they're interested in maintaining an educational environment and protecting it.

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Speaker 1: They didn't, so their actions speak a little bit louder

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Speaker 1: than the redacted words in this still yet to be

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Speaker 1: seen plan.

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Speaker 2: Correct, correct, Yeah, it's like I said, so, it's like,

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Speaker 2: you know, let us see, let us see what your

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Speaker 2: attitude is. What are these selected officials? Yeah, yeah, what

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Speaker 2: their attitude is. Let us see it either your pro

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Speaker 2: law enforcement or you'd be taking the hostel position or

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Speaker 2: towards it. You know, and if you think about you

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Speaker 2: know this, this was a school board that ran on

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Speaker 2: openness and transparency. Yell, they're a little buzz where it's

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Speaker 2: all everything's being done in secret, everything's behind closed doors.

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Speaker 2: And within two months they're in office and guess what

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Speaker 2: they they've become that which they disdained. Right, but but

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Speaker 2: but that's typical. But that's typical. I think with the

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Speaker 2: left that they will say whatever they have to say

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Speaker 2: to get elected. But then you know, they become it

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Speaker 2: becomes rules for thee, but not.

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Speaker 1: For me clearly. So we're in we're in emotion practice stage.

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Speaker 1: Right now, you file the claim, what do they file

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Speaker 1: a motion to dismiss? Rather you saw.

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Speaker 2: Dismiss I found I followed the response yesterday, you know,

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Speaker 2: and it's gonna be denied. The you know, I've done

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Speaker 2: enough public records cases where you know, this type of case.

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Speaker 2: But the cores will say is no. That will tell

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Speaker 2: the school districts submit whatever this plan is unredacted to

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Speaker 2: the court under seal so they can look at it,

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Speaker 2: and then the court's got to decide whether or not

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Speaker 2: this really is a you know, quote unquote security record

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Speaker 2: record to guard against you know, attack, interference, sabotage, or

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Speaker 2: acts of terrorism.

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Speaker 1: Fair enough, Kurt Hartman, this results in sizable litigation fees

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Speaker 1: getting racked up. I imagine the school district's iner defended

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Speaker 1: it's actions. They have to pay lawyers to respond to

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Speaker 1: the motions and go into court and make maybe make

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Speaker 1: the motions and motions to dismiss for example. So at

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Speaker 1: the end of the day, when you win, and I'm

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Speaker 1: confident that you will since you typically do win these

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Speaker 1: Kurt Hartmen, are they going to be elder or are

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Speaker 1: you going to be eligible to get your retorney's fees

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Speaker 1: covered by.

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Speaker 2: Yes, yes, that'sion. That's provisional of the Public Records Act.

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Speaker 2: So you know, the state led General Assembly enacting this

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Speaker 2: laws that hey, we want people, we want to encourage

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Speaker 2: people to bring actions. If governments are improperly withholding public records,

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Speaker 2: you should be able to pursue it and not be

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Speaker 2: dependent upon you know, you having to pay the fees.

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Speaker 2: So at the end of the day, you win, the

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Speaker 2: government pays the fees.

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Speaker 1: Granted, this is typically a contingency feed type case, Kurt, correct,

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Speaker 1: fair enough. That means Lisa Deli is going to be

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Speaker 1: on the hook to the extent it doesn't go her way.

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Speaker 1: And I appreciate your willingness to do this kind of

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Speaker 1: work work, card I wish we had more lawyers who

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Speaker 1: would who would do exactly what you do and pursue

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Speaker 1: these kind of cases.

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Speaker 2: Well, I'm glad they're not actually for my sake, but

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Speaker 2: you know, yeah, it's good, and you know people do it,

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Speaker 2: and you know, I get calls all the time on

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Speaker 2: other stuff like this, so but you know, they say,

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Speaker 2: I'm out there doing that and fighting for the people

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Speaker 2: to get their records.

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Speaker 1: You are, how quickly will this be turned around? Your

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Speaker 1: brief has been filed, so it's in the court's lap,

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Speaker 1: you say, within thirty days or so.

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Speaker 2: Well, the motion to dismiss will probably be decided, probably

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Speaker 2: within three months. Unfortunately, then the briefing schedule will be

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Speaker 2: a month after that, probably a decision a year from now.

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Speaker 2: I'm fortunate. Unfortunately these do not move fast.

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Speaker 1: Okay, fair enough on that, And I got to ask,

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Speaker 1: are you aware of any other of our you know,

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Speaker 1: sort of local or slash regional school districts that have

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Speaker 1: an immigrations and custom enforcement response plan?

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Speaker 2: Well, yeah, yeah, be honest with you. What we did

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Speaker 2: is we actually did a request to Cincinnati, Columbus, Toledo,

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Speaker 2: and Springfield schools for their plans, same same request. How

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Speaker 2: are you going to respond? They provided what they had, okay, unredacted.

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Speaker 2: I think the only reaction in one was a cell

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Speaker 2: phone number, a cell phone number find But you know,

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Speaker 2: and and you know, it's kind of surprising to me.

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Speaker 2: I had thought there was some templeate that was circulating.

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Speaker 1: Of course.

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Speaker 2: Yeah, honestly, they were all unique and distinct. One was

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Speaker 2: just kind of an email that the superintendent sent out

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Speaker 2: the staff saying, hey, if this happens, we need to

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Speaker 2: be professional, you know. But again, so yeah, we did

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Speaker 2: the inquiry kind of across the state just to see,

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Speaker 2: just to see, okay, and it was happing. None of

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Speaker 2: them had an issue. Okay, here it is. Within a

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Speaker 2: day or two, they provided and.

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Speaker 1: Unredacted better understanding of the law. That they're supposed to

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Speaker 1: operate underte That suggests so Forest Hills is out in

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Speaker 1: the wind on that one. Now, did you and looking

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Speaker 1: at these other policies, it doesn't sound like you tracked

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Speaker 1: a theme. And I was expecting a one size fits

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Speaker 1: all plan for all the school districts brought to you

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Speaker 1: by some woke teachers union. But there isn't a theme

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Speaker 1: like we need to resist ice, we need to do

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Speaker 1: you know, not invite them in, not cooperate them. That

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Speaker 1: didn't come through, and the ones you looked at that

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Speaker 1: is correct.

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Speaker 2: Yeah, yeah, it was essentially not No, we're not going

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Speaker 2: to outright cooperate, but you know they need to go

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Speaker 2: go to the office, they need to do this. We

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Speaker 2: need to do that, you know. Sure, But but you

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Speaker 2: know most of it was just be calm, be professional, etc.

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Speaker 1: Well that's actually refreshing to hear and surprising, honestly. Kurt

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Speaker 1: Hartman from the Finny Law firm doing right by the

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Speaker 1: greater Cincinnati area. Keep fighting the good fight, Kurt. You

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Speaker 1: know you always have a venue to bring this information

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Speaker 1: to our attention. I welcome you anytime you've got something

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Speaker 1: like that, and again applaud your efforts. Gladly enjoy opening day, Kurt,

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Speaker 1: have a wonderful one until we talk again. Best of

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Speaker 1: health to you and your family. Eighteen Right now fifty

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