http://www.dallasnews.com/sharedcontent/dw...om.335626c.html


Mom says race cost son position of drum squad leader at North Garland High; director denies bias

05:18 PM CST on Tuesday, January 27, 2009

By HOLLY YAN / The Dallas Morning News
hyan@dallasnews.com

Wynthia Brewster claims her son should have been drum leader in North Garland High School's marching band this school year.

But when the band director chose another student, Brewster refused to accept the results. At a football game and a marching band competition, she displayed a banner that read, "BAND DIRECTOR TODD TONEY CHEATED MY SON."

After several months and after filing several complaints, Brewster still refuses to back down until either her son, Austin, gets the title of squad leader or she gets acknowledgment that the band director acted improperly.

Now the question remains: How far is too far for a parent to go in fighting a band director's or coach's decision?

"We've never had a parent so persistent," said Gary Reeves, a Garland ISD assistant superintendent for more than 20 years.

Brewster, an attorney, said she'd be willing to go as far as the Texas Supreme Court.

"I think Mr. Toney has issues because he cannot cope with having an African-American as squad leader, or doesn't like Austin," she said. "If you do not take a stand when someone is implementing racial hatred, and you do nothing, then you say it's OK. And it's not OK. I'm here trying to teach my children values."

Toney declined to comment for this story. But in an e-mail to the school district, he said the accusations are unjustified.

"I find the allegations of blatant racism to be most offensive and unfounded," Toney wrote. "In short, my opinion is that this grievance filing is unfair, defamatory and slanderous at the very least."

Brewster said seniors have been named drum leaders in recent years. Austin is a senior who lost to a white junior.

"The grade of the student is immaterial," Toney said in his e-mail. Squad leaders this year are ethnically diverse, he wrote. One is black.

Toney also wrote that while "Austin is a great kid and we love that he is in band," he has had problems with tardiness and behavior. He also stressed that the squad leader tryouts focused on marching fundamentals, and Austin did not stand still during attention.

When asked whether the chosen drum leader might be the most qualified, Brewster said an independent band camp judge rated Austin several skill levels higher than the designated drum leader three weeks after Austin was not picked for squad leader.

Brewster has become a fixture at Garland school board meetings, regularly commenting during the public forum and prompting executive sessions with her complaints. Because she is an attorney, Garland ISD has consulted with its attorney to deal with her issues.

Brewster also has carried a banner to school events that publicly identifies the student who became drum leader. The banner also invited people to ask her why he should not be drum leader.

The drum leader's family declined to comment.

Austin said he supports his mother's efforts, though he initially did not. The "race card" was a tough card to play, he said. But ultimately, he said, he could see no other reason that he didn't get the coveted position.

"Sometimes moms can be overbearing and over-supportive," Austin said. "But she explained the scenario to me. She didn't want me to look the other way."

Austin described himself as a "natural-born leader" who took the initiative of making sure all his fellow drummers went to band camp. "I even paid for one student to go," he said.

He and his mother had hoped to list "Drum Squad Leader" on his college applications. He's already been accepted at George Washington University in Washington, D.C.

In his letter to the school district, Toney said he understands that a band student can feel hurt if he doesn't achieve a goal. But he added, "You just don't win every time."

He described Austin as smart, mature and even supportive of the younger student who beat him out for drum squad leader.

"Many things come easily to this talented young man and I truly believe that were it not for his mother, this issue would be over," he wrote.

Sounds like mom is the racist here.

Sounds like so many parents who accompany their American Idol Singers to every year's tryouts!

Some people just can't admit that their children are NOT what they wished they were...

How many drum leaders in the past have been of different cultures ? Is this the first time ? I seriously doubt it. While I don't keep up on High School marching bands or sports programs. I know the demographics of North Garland, and it doesn't appear likely that this is the case. This sounds like a frivolous law suit.

What are the demographics of North Garland Dave?

I didn't have to look it up, but just for you bleeds I did. Wikipedia : The ethnic makeup of the school is 40% Hispanic, 23% White, non-Hispanic, 19% African American, 18% Asian/Pacific Islander, and less than 1% Native American.[4]

White Students have been the minority for several years. This is not a racial issue, but is being turned into one.

If you didn't have to look it up, then why did you?

It's okay if you didn't know it Dave. I didn't. I would have suspected a much larger Hispanic demo.

I believe in honesty. To be honest, I haven't lived in the Metroplex in 3 years. I went on knowledge, but you questioned it. Now you have facts. Great, now it's public knowledge and will be declared a mistrial.

Didn't you recently state that you had jury duty ? Did you watch any television, pick up a newspaper, or were you simply dismissed from jury duty ? You stated that you served on a jury of the defendant's peers. How could you include yourself in that jury ? I couldn't. Especially on a local case, where you would be biased.

Are you serious?

Dave, you have GOT to get off the crack.

You might as well have posted, "Truck ice, cat leash, tree hound, flag muskrat.", and we would have understood it just as much as that senseless drivel you offered.

BTW Clarene Darrow, I served on a grand jury. One would think someone with a razor sharp intellect, such as yourself, would know what that is, and the vast difference between it, and a jury.

BTW, what the heck is a "jury of the defendants peers"?

Hey Dave - I have a wager for you. If YOU can show me in the Constitution where it says that a person has the right to a "jury of his peers," I'll give you a $100.00! (I'm not even going to limit you to find where it says a defendant's peers)...just where does it say, a jury of one's peers?

Wanna take the wager?

BOT.

Where's tee-tee pants when you need him?

Burn barrel.

Roger that.

It's not in the Constitution, but has always been accepted as the "law of the land" based on English "common law", which has been a modicum of how we are to interact with each other. I suppose that some of you think that, you're on a pedestal need to understand a few things. You can be knocked off your high horse, just as fast as you achieve your accolades.

"Glory is fleeting, but obscurity is forever." Napoleon Bonaparte

If I knew about the case, and had "inside" information. I would have to let both the prosecution and defense know that I have knowledge of the alledged offense. Even if I read a newspaper, and had a one sided account. How the reporter portrayed the case would have influenced my opinion. In my opinion, that would disqualify me from jury duty.

Reading the paper gives you "inside" information?

You'll be surprised at what you hear on the pizza delivery scene!

Sporting goods store.

Hilarious.

Mom needs to get a life. After a few "public" attention getters it gets stupid. Her poor baby is not the best. It happens. get over it.

Reading a newspaper can bias your opinion. I didn't say it gave you inside information. In small towns word spreads quick. You don't even need a newspaper, most of the time. You've already met the uncles cousins married in law that knows so and so. You hear half the story, and you don't worry about it. I'll admit, I want to know all the facts.

Liar. If you want to know all the facts then you aren't biased by reading the newspaper.

This is retarded. There is always someone out there that is better than you. Not everyone can pull the race card because they do not get their way!

Yeah, that was dumb.

That's one of the question that you get asked as a potential juror. I've served on juries, and one of the first questions they asked was if any of us had heard anything about the case. I watch the news, I read the newspaper, and I get news online. I form an opinion pretty quick on the news I've read.

Just like this case. North Garland is a white minority school. I don't think this lady has a case, once that's proven. I've never lived in Garland or North Garland, but I have a friend that has a car dealership there, and I know what goes on in North Garland and who lives there. I lived in the Metroplex for 8 years. I used to know the demographics of every city and town in the Metroplex. If I lived in Garland, I couldn't sit on this jury. I couldn't in B'Ham, Hoover, Pelham, Vestavia Hills, Mountain Brook, etc. where I live now. I read the papers, and I'm informed of what goes on in the community I live in. Larry Langford is guilty.

This band mom is filing a frivolous lawsuit. The prosecutor would love me on the jury, but a defense attorney would simply say "dismissed".

Sounds like the mother is racist to me.