NEW YORK, August 13, 2003 ( – New York State Senator, Ruben Diaz, Sr., along with a parent representing her four children under the anonymous name of “Doe”, has filed a lawsuit in the New York Supreme Court challenging the legitimacy of the nation’s first “lesbian, gay, bisexual, transgender and questioning youth” (LGBTQ) public school, known as the Harvey Milk School.  The children attend several poor, failing and under-funded public schools. The Plaintiffs are represented by Liberty Counsel attorneys, Mathew D. Staver and Rena Lindevaldsen.  A few weeks ago, New York City Mayor Michael Bloomberg announced that the City authorized 3.2 million dollars to establish the Harvey Milk School as the first publicly funded LGBTQ school in America.  The money diverted to the School was taken from the capital expansion funds, and thus much needed capital expenditures for needy schools have suffered.  About 84% of the children served by the New York School System are racial minorities.  Fifty-five percent of 3rd through 8th graders failed the state reading exams, and 65% of 3rd through 7th graders failed the math exams. In some schools, as many as 95% of the students fail basic competence evaluations.  This year New York’s highest court found the schools “deficient” in learning, lacking “sound basic education,” and reported that the infrastructure was in poor shape with leaky roofs, lack of heating, and other hazardous conditions.  Despite the pitiful status of the education system and the lack of funds, the City took 3.2 million dollars away from these minority student schools and diverted the money to fund a school that discriminates based on sexual preferences where heterosexuals are not welcome.  The lawsuit challenges the validity of the public school. New York Chancellor Regulation A-830 requires an equal education opportunity and prohibits discrimination based on “sexual orientation.” Thus the School, which discriminates against heterosexuals, violates the Regulation. New York law also allows taxpayers to challenge public expenditures. The suit claims the expenditure is an unlawful use of tax dollars to finance a LBGTQ school in light of the lack of funds for needy schools.  The suit also points out that New York law guarantees the right to receive a quality public education, and the establishment of a homosexual-only school violates the equal protection rights of school children attending poor, failing schools and under-funded public schools.  Staver commented, “New York City officials robbed from the poor, under-funded minority schools to pay for a homosexual school.  Rather than providing a “model” to the nation, New York City officials have provided a blueprint of what not to do.  This wasteful use of tax dollars must be stopped.”