October 19, 1977

Dear Parents & Friends:

Please read carefully the attached copy of this Final Judgment which concludes the lawsuit brought by the Minnesota Youth Symphony (MYS) against the Minnesota Music Educators Association (MMEA).  This judgment was signed by Federal Judge Earl Larson on September 22, 1977 and was filed at the Federal Court House in Minneapolis on September 27, 1977. 

Some very important constitutional questions were raised in this case, mainly with regard to how much control the public school music educator can legally impose on students’ outside-of-school music activities.  The results of this case may well have national impact and repercussions, because this illegal control attempted here by the MMEA is not a local phenomenon; it exists in the other 49 states as well. 

The Minnesota Civil Liberties Union (MCLU) agreed to take the case for MYS because it felt there were definite violations of students’ first and fourteenth amendment constitutional rights involved.  We will be forever grateful to the MCLU, William Killion and Kristin Nelson, volunteer attorneys for the MCLU and members of the Gray, Plant, Mooty, Mooty and Bennett law firm, who successfully argued the case for MYS.

Just what does this Final Judgment accomplish?

• It stipulates that the MMEA cannot control the outside musical activities of students by requiring that they belong to their school orchestras as a prerequisite to joining a private youth symphony, or require authorization signatures from their school music director and/or principal.  This is probably the most far-reaching result of this case, because it strikes down the American String Teachers Association (ASTA) Code of Ethics which is used nationwide.  The most that MMEA can do is to “strongly recommend” participation in school instrumental groups. If an attempt is made to enforce the provisions or the ASTA Code, it is an illegal act.  (See pages 6 and 7 under “School Participation Policy” and “Scheduling.”  These are very important stipulations.)

• It imposes a permanent restraining order on the defendants (MMEA), along with all other persons who acted in concert with them (see co-conspirators listed on pages 7 and 8) and those who receive notice of this Final Judgment, and orders them to cease all discriminatory acts in the public schools against the MYS, its student members and/or MYS conductors.  They must grant equal treatment to MYS – the same as that granted to other non-school musical organizations such as the Greater Twin Cities Youth Symphonies (GTCYS).  (See list of prohibited acts detailed on pages 3 and 4.)

• Legally, this judgment protects students from being harassed and/or threatened in the public schools because they happen to participate in a non-school musical organization not to the liking of the music educator.  This protects all students participating any outside-of-school musical activity, including such groups as drum & bugle corps, church choirs, rock bands, etc.  If the defendants and others served with this judgment violate its provisions, they can be declared in contempt of court and may be punished accordingly (see page 9).

• It orders the MMEA to rescind the resolutions it passed which condemned the MYS and instructed music educators to deny MYS use of public school facilities and equipment, and to actively discourage students from joining MYS (see page 4).

• MMEA admits that the MYS and [music director] Ralph Winkler had done nothing unethical or wrong, and that the MMEA charges against them were false and unfounded (see page 5).

• MMEA acknowledges and apologizes for the questionable conduct of certain of its members who were also founders and/or board members and conductors of the Greater Twin Cities Youth Symphonies.  The GTCYS was specifically created by these persons to become the one and only non-school youth symphony resource in the area.  MYS was condemned by these people because it dared to exist and to remain independent (see page 6).

Once again, I urge you to read this Final Judgment very carefully and retain it for future reference.  The MYS Board of Directors, officers of the Parents Association, its Music Director and conductors stand ready to receive and to act on any reports of violations of the prohibited acts and stipulations included in this judgment.  Procedures have been established to communicate such violations to the U.S. District Court.

It has been a long, hard struggle for MYS, but justice has prevailed and the students’, conductors’ and MYS’s constitutional freedoms have been protected.  Our thanks go to the MCLU and the many lawyers who have donated so much time and talent to this case, and to all you student members, parents and friends who remained loyal throughout the long ordeal.

Sincerely yours,

Jane Nones, President, MYS Board of Directors