A Manhattan judge gave an “F” to Public Advocate Letitia James on Friday, tossing her case to shut down “co-located” charter schools after a city lawyer argued that her suit was a private vendetta.
“A public advocate’s job is to write reports and seek information,” city attorney Charles Carey lectured.
As a city councilwoman, James was a vocal critic of putting charters in public school buildings.
She “is bringing this suit out of her own interest,” Carey argued.
Justice Eileen Rakower ruled from the bench that the case does not belong in court, but rather is an issue for opponents of the shared spaces to work out with school officials.
Rakower sided with another city lawyer, Chlarens Orsland, who said the dispute should be handled by the state’s education commissioner because the matter “may invoke a certain kind of expertise that a judge may not have.”
Some of the 40 parents and other plaintiffs who sued after former Mayor Michael Bloomberg decided to place 42 charter schools into existing public school facilities late last year have already appealed to the commissioner.
James and City Council Speaker Melissa Mark-Viverito pursued the case after Mayor de Blasio whittled the number of co-locations down to 36, instead of reversing his predecessor’s decision.
“I am disappointed by today’s dismissal, but I am encouraged that the merits of our case were not brought into question,” James said in a statement.
She says co-locations result in overcrowding and “unacceptable” mixing of elementary and high school students.
Charter-school supporters applauded the ruling.
“Once again, another judge affirms the right of charters to be in public space,” said Eva Moskowitz, head of the Success Academy charter network.
Last month, another Manhattan judge nixed a suit to prevent co-located charters from opening in the fall.
“It’s time for our elected leaders to focus on the city’s education crisis rather than throwing up more barriers,” Moskowitz said.
James Merriman of the New York City Charter School Center echoed Moskowitz’s remarks.
“This ruling is another win for kids,” he said.
“We hope that Ms. James will finally move on from this waste of taxpayer money, and use the power of her office to work for the interest of our city’s lowest-income kids.”
Additional reporting by Yoav Gonen and Carl Campanile