Esperanza v. City of San Antonio: Politics, Power, and Culture

Frontiers, 2003 by Kastely, Amy

After reflecting on this failed collaboration, I see that Esperanza staff and lawyers were treated as brown and black people are often treated by white Americans. Somehow, white Americans assume, without conscious thought, that they are the moral judges of people of color.19 We assume, without thought, that we can assess and measure the thoughts and perceptions of others. "Yes, that is reasonable," we say, or, "No, your fear is unfounded." And we assume, without thought, that people of color who graciously or gently express disagreement with our evaluations are simply misinformed or misunderstanding some aspect of our conclusions. This unseen assumption often presents people of color with the unhappy choice between being "confrontational" and being patronized. If people of color are not confrontational, white people tend not to hear them, and if they are confrontational, we tend to dismiss them as "too angry."

The ACLU lawyers treated Esperanza lawyers as if we were brown or black, primarily because we did not distance ourselves from our clients. Positioned as merely part of the Esperanza community, we became legal outsiders, in need of education and guidance. I am glad for this experience, for it helps me to understand the tremendous pressure on lawyers of all races to separate themselves from poor, working-class, lesbian or gay, and brown or black clients. Sadly, lawyers too often give in to these pressures.

THE ALCHEMY OF CULTURAL RIGHTS

The Todos Somos Esperanza campaign brought the issues of cultural diversity and public funding for cultural arts to discussions throughout the city. The campaign was most intense during the four years between the defunding and Judge Orlando Garcia's decision in favor of Esperanza. During this time thousands of people engaged in or with cafecitos, platicas, street theater, yard signs, community meetings, bumper stickers, a community mock trial, and a evening vigil at the federal courthouse. The issues raised by the defunding were actively discussed by people in their homes, on the streets, in community meetings, and at neighborhood gatherings.

At these gatherings, people talked about the power of culture. The Chicano community has survived because of its careful maintenance of its language and cultural practices. The black community has survived because of its conscious commitment to nurture cultural identity and traditions. Dance, song, and verse have held the pain and joys of life. They have taught the lessons of survival despite political domination, theft, rape, and betrayal.20

The vitality and visibility of the Todos Somos Esperanza campaign was crucial to the success of the lawsuit. The discussions engendered by this campaign informed the legal strategy at every stage of the litigation. During the trial, the courtroom was packed with Esperanza supporters: old people and youth, gay and straight, women and men, brown, black, and white people.

We were lucky to have been assigned to Judge Orlando Garcia (assignment of judges is done randomly). Garcia was raised in San Antonio and served as a state legislator prior to his appointment as a federal judge. Although reputed to be tough on lawyers, he is also known as intelligent, skillful, and hardworking. It was helpful that Garcia has a deep understanding of San Antonio and the importance of culture to the Mexican American community. At the beginning of the trial, the first witness, Eduardo Diaz, used the word "quinceanera" and quickly translated for himself, "that means a fifteenth birthday celebration." Judge Garcia smiled and instructed the witness, "This is San Antonio," he said, "I don't think you have to translate."21