A federal appeals court took the city to task yesterday for forcing a principal at a controversial Arab-themed school to resign, but seemed reluctant to order that she be given her job back.
The appeals-court judges grilled a lawyer for the city over a decision to oust Debbie Almontaser from the Khalil Gibran International Academy last summer after, in an interview with The Post, she appeared to defend a community group’s use of the slogan “Intifada NYC” on T-shirts.
Judge Jon Newman pointed out that Almontaser accurately defined the word “intifada” as “shaking off oppression” and noted that the Department of Education had a spokesperson listen in on the interview.
“I can’t believe the city really wants to take that position,” Newman said. “What did she say to the reporter that warranted discipline?”
City lawyer Drake Colley defended the ouster, arguing “the school was a lightening rod for negative press [and] because of the potential for disruption that was fueled by her comments.”
The city was called to the mat after Almontaser’s lawyers asked the appeals court to reverse a December decision by Manhattan federal Judge Sidney Stein that allowed the DOE to replace her.
“She is the one who has been wronged. She is the victim,” said Almontaser’s attorney, Alan Levine, arguing that his client’s right to freedom of speech was violated.
In an opinion in December, Stein said Almontaser was not protected under law because she spoke to The Post in her official capacity as a public employee, not as a private citizen.
The three-judge appeals panel reserved decision on whether to return Almontaser to her old job, appearing reluctant to grant the request.