Open Letter to Hilo High School Principal Robert Dircks From Dr. Leonard Horowitz Following Service of The Third Circuit Court's Order to Cease Injury to Alena N. Horowitz

This is the first correspondence from Dr. Leonard G. Horowitz, father of Alena N. Horowitz, to the school principal who administered the teen's expulsion from Hilo High School on Sept. 1, 2006 for failure to submit to a TB skin test contrary to her and her family's religious convictions.


October 6, 2006

Mr. Robert Dircks
Principal
Hilo High School
Hilo, HI 96720

Re: Court Order and Related Concerns:

Dear Mr. Dircks:

This letter serves to reiterate our telephone conversation of Oct. 5, 2006 pertaining to the attached court order that takes effect immediately restoring my daughter Alena’s legal right to return to Hilo High School classrooms and extracurricular activities at once.

In an effort to minimize the psychosocial, emotional, and academic damage that this civil, possibly criminal, matter has brought to bear on Alena and our family, three issues are now raised that require your attention, investigation, and written response:

1. Alena was informed by your Vice Principal, on or about Thursday, Sept. 21, 2006, that her homework assignments were not freely available to her during the month of September because you, Mr. Dircks, needed to approve of this under the special circumstances of this case. Your Vice Principal alleged that Alena’s incapacity to obtain her homework assignments was due to two factors: a) your approval of this action had been pending or withheld; and b) your holdup was due, she was told, “because your religion is keeping you from school and getting your homework.”

2. You have informed me that your official Hilo High School policy is to administer balanced coverage on controversial matters for which educational venues have been requested by faculty members and/or students. It has been further brought to our attention that one or more school newspaper articles, and administration announcements to faculty members and/or students during the month of Sept, 2006, failed to relay this balanced educational commitment on your part. On the contrary, we understand that the school newspaper published a grossly biased report that placed Alena in jeopardy of being further harassed and discriminated against for her religious beliefs. This irreparably injury to Alena, and subsequently our family, is precisely what the Honorable Court has ordered to cease.

Futhermore, certain instructions and communications sent by you to faculty members and students during the time of our protests were said to have, likewise, reflected disparagingly upon our efforts to bring needed attention to the educational needs at hand. Copies of these communications shall be gathered and entered into the legal record. Please provide copies of these records for acting attorneys in this case as soon as possible. Our attorney, Gary Zamber, looks forward to receiving this information.

3. I understand that equal invitations were provided by a civics teacher (Mrs. Dorne [spelling may be inaccurate]) to Dept. of Health Defendant Judith Akamine, and myself, to provide one or more educational services, and a “balanced view,” on behalf of students and faculty at the High School. I understand that Defendant Akamine and I both accepted this invitation. Following this, I understand that you did not approve of one or more elements of this service, and the effort was administratively quashed by your office. Given the Court’s order to cease irreparable harm and further discrimination against Alena; given your stated policy of providing equal time and attention to controversial matters pertaining to school activities; and our sincere efforts to advance amicably in reestablishing the status quo upon Alena’s return, we wish to know in writing:

 
a) your administrative position in advancing educational forums, classroom discussions, and student and faculty assembly(ies) respecting “equal time” and “balanced view;” and
b) what you personally intend to do, or refrain from doing, in service to this Court order and Hilo High School community’s expressed educational needs, particularly those advanced by faculty and students pertaining to the issue of TB skin testing, vaccinations, and religious exemptions.

Again, and for the legal record, I appreciate and accept any opportunity and venue that you may provide to discuss, even officially debate these matters in public, with equal time for rebuttal provided between Dept. of Health officials and myself.

Finally, please prepare Alena’s teachers for her return to classes and extracurricular activities at your earliest convenience. Particularly Coach William McMahon needs to be informed that Alena will race with her cross country teammates on Saturday, Oct. 7, as usual.

Thank you, in advance, for administering to these important details on behalf of Alena, our high school community, in compliance with Justice Strance’s order.

Sincerely yours,

Leonard G. Horowitz, D.M.D., M.A., M.P.H.

cc: G. Zamber

 

 

Dr. Leonard G. Horowitz co-authored a legal challenge with Hawaii Attorney Gary Zamber of North Hilo against the State of Hawaii, Dept. of Health and Dept. of Education on September 15, 2006. The case pertains to the corrupt and negligent manner in which the state's TB Control Program is being administered to dishonor the civil rights and religious freedoms of students (particularly Alena N. Horowitz) and faculty, forcing everyone to receive the risky test nationally discouraged among low risk populations.

Dr. Horowitz is an internationally known authority in public health and emerging diseases. One of his three national best-sellers, Emerging Viruses: AIDS & Ebola—Nature, Accident or Intentional? is credited by federal health officials as being among the most persuasive vaccine risk awareness texts in America.

Dr. Horowitz lives with his wife and three unvaccinated children on the Big Island of Hawaii. His official website is www.drlenhorowitz.com.