CERUCommercialism in Education Research Unit
On March 21, 2008 this became an archive site. All documents published before this date are still available here. All documents published after this date are available at our new combined site (http://www.epicpolicy.org/), a joint effort of CERU, EPIC, and EPRU. The CERU section is available at http://www.epicpolicy.org/ceru-home.
CERU Litigation
Litigation (or the threat of litigation) is a strategy increasingly used to effect change. The following are litigation efforts related to schoolhouse commercialism.
American Quality Beverages Challenges Coca Cola Pouring Rights Contract in New York
March 10, 2004. Soda in Schools - New State Ruling
A New York State ruling, dated March 5, 2004, requires that school districts strictly comply with
the competitive bidding laws relating to the procurement of beverages at public schools.
Ross Getman, a Syracuse lawyer, is representing American Quality Beverages,
maker of a sports drink, and individual taxpayers who are suing the
Fulton City School District, Coca Cola Bottling Co. and Education
Commissioner Richard Mills over the school district's contract with
Coke.
July 29, 2003. Suit Claims Coca-Cola's School Soda Contracts Illegally Circumvent Competitive Bidding Laws
A recent lawsuit filed against the New York State Commissioner of
Education suggests that schools' exclusive "pouring rights" contracts
with Coca-Cola are unconstitutional and therefore illegal.
July 27, 2003. Court Challenge to 'Pouring Rights' Contracts with Schools
A legal challenge before a state judge in Albany, NY, could leave
school districts and their lucrative contracts with soda companies
flat.
American Quality Beverages joined with individual taxpayers and residents
to challenge the legality of exclusive soda agreements with schools.
Challenge to Constitutionality of Channel One in Oregon
May 12, 2003. Father Sues Oregon School District to Expel Channel One
A father has filed a complaint contending that the Salem-Keizer School
District is violating the Oregon State Constitution by forcing his
son and daughter to watch commercial advertising in school.
Complaint filed in the Circuit Court of the State of Oregon by a father
who asserts that it is unconstitutional to force his children to watch
Channel One, and its commercial advertising, in school.