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Imply City Was Cowed A former city Principal of an Arabic-themed school lost her bid for an injunction to prevent a new Principal from being appointed, despite critical comments by one judge about the city's conduct.
Ousted After Comments The long-time educator had asked for the injunction, claiming that her First Amendment rights were violated when she was ousted in August after comments she made about the definition of the word "intifada," commonly used to describe the Palestinian uprising against Israel, caused a media firestorm. The decision stated that Southern District Judge Sidney Stein had not abused his discretion when he ruled that Ms. Almontaser made her comments during a New York Post interview in her official capacity as a city employee, and therefore was not protected by the First Amendment. In August 2007, Ms. Almontaser answered a reporter's question about the definition of the word intifada and was then asked about a t-shirt made by a young women's group that read "Intifada NYC." Both her lawyer and the city's lawyers agreed that the reporter had incorrectly added the phrase "shaking off oppression," (her answer about the precise definition of intifada) to her statement that the shirts were "pretty much an opportunity to express that they are part of New York City society." Ms. Almontaser also condemned the violence most often associated with the term intifada. Odd Way to Do Business During the oral argument last month, according to a report in the New York Law Journal, Federal Court of Appeals Judge Jon Newman asked, "Does the city really think she was properly disciplined?" Later in the proceedings, he said, "So, if a city employee speaks to the press, they're at risk that the press garbles their remarks, and then they get fired? That's quite a position for the City of New York." Ms. Almontaser, who says she initially objected, was told to do the interview by DOE press secretary David Cantor but to avoid questions about the t-shirts. After the interview, DOE spokeswoman Melody Meyer, who monitored the phone call, told Ms. Almontaser that she thought the interview went well. The following day, the Post ran the article under the headline "City Principal Is Revolting," and Ms. Almontaser, who under the guidance of the DOE apologized for any unintended impact of her remarks, resigned within days. Ms. Almontaser has said she was told that the school she had founded, Khalil Gibran International Academy, which was set to open two weeks later, would be closed if she did not step aside. DOE officials have denied that they forced her out, but Schools Chancellor Joel I. Klein did not allow her to apply for the position when it was posted later that fall. Victim of Inaccuracy The ruling asserted that several of the more-complicated legal issues were better decided by the district court, and sent the case back to Judge Stein. The three-judge panel ruling stated, "Nor are we called upon to address the more complex issue presented by this case, namely, whether a public employee, who is required by her employer to speak to the press as a condition of her employment, may be sanctioned for speaking accurately when her statement is, as her employer knows, inaccurately reported and then misconstrued by the press." The circuit, however, rejected the city's request for "costs from Almontaser in light of the 'equities' said to favor them." The ruling stated, "We deny this request as self-evidently frivolous." In January, the Department of Education named Holly Anne Reichart as KGIA's Principal. She replaced acting Principal Danielle Salzberg, who did not apply for the position.
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