“In examining disease, we gain wisdom about anatomy and physiology and biology. In examining the person with disease, we gain wisdom about life.”
― Oliver Sacks
Appears as if the disease known as Yvette Felarca might be one step closer to eradication. The notorious BAMN activist has recently sued Berkeley Unified School District (BUSD), along with two other co-workers, in hopes of quashing a recent Judicial Watch (JW) request for Ms. Felarca’s emails and related under the California Public Records Act (CPRA.) Specifically, JW has asked that any communications that contain the terms “Felarca,” “Antifa,” “By All Means Necessary,” and/or “BAMN” be made available for viewing.
The U.S. District Court suit alleges that JW’s request is merely a “witch-hunt” aimed to disclose private information contained Felarca’s personnel file. I’d argue, however, that while the right to privacy and protected speech is sacred, in this case, Plaintiff has waived her right to privacy. Felarca has willingly, and willfully, used school property (e.g. computers, email) time and time again as a conduit to broadcast her anti-Trump and anti-alt-right biases to co-workers and administrative staff during the course of her employment. As detailed by BUSD, she clearly uses her teaching position to prey upon others, forcibly perpetuating the dogma of BAMN and other radical groups—actions that she has been reprimanded for by BUSD on more than one occasion, but has yet to be fired.
Not surprisingly, Felarca and her counsel seem to ignore the obvious counterargument to her legal theory—she, by her own doing, has advertised, and continues to advertise, her political preferences by perverting her employment at Martin Luther King Jr. Middle School to indoctrinate co-workers, administrative staff—and children.
To be clear, Felarca’s plea that she has a constitutional right to prevent her employment records containing the specific terms noted above from being released is farcical. For years, she has used her teaching position as a means to propagate propaganda, as well as forcing her beliefs onto the impressionable minds of her seventh-grade students. Her history of exploiting her position at Martin Luther King Jr Middle School is long and convoluted. Additionally, Felarca has a secondary career of promulgating her political convictions onto the public as an active leader of BAMN, an organization notorious for its aggressive and violent methods. Thus, the biggest canard herein is that Felarca has any right to privacy in the context of this case.
Felarca’s employment history with BUSD is a contentious one. Dating back to 2009, she has been cited for professional misconduct and unsatisfactory performance. She has “repeatedly solicited students to participate in protests,” even after she had been previously reprimanded for doing so. She was denied permission to take an after-school club on a field trip to UC Berkeley related to Proposition 209 because “it was an opportunity for you [Felarca] to indoctrinate students and use them to support your own personal political agenda…” Subsequently, Plaintiff, on multiple occasions, used leave time to attend various out-of-state immigrant rights marches, which is impermissible under union contract rules. She also intentionally misled the District in order to take her students to immigration court for a woman seeking asylum by failing to apprise BUSD that BAMN was directly involved in the advocacy project.
If the foregoing isn’t evidence enough of Felarca’s total disregard for authority and complete disrespect for her employer, she has also been disciplined for “blatant insubordination” with regard to a Facebook post that sought supporters to sign a petition on her behalf. Further, she has emailed fellow school employees “during District time, using the District’s email distribution list” in an effort to sign a petition in support of her misconduct. Finally, a parent of one of Felarca’s former students advised the District of an occasion in which fliers in support of Felarca were being handed out at Berkeley High, complaining that she had “marginalized Caucasian students” in her class and failed to “present a balanced view of controversial issues in the classroom.”
Notwithstanding her egregious and outrageous behavior, which is the antithesis of “professional,” Yvette Felarca is still employed by King Middle School. Despite her suspension last year and public outcry, she continues to “teach” adolescents.
Why is this???
Additionally, Felarca’s extracurricular activities as a ringleader for BAMN has often resulted in arrest for felony assault and inciting riots. She has demonstrated a pattern of notoriously branding Trump supporters as “Fascists” and “Neo-Nazis” and violently attacking such individuals at various rallies. Moreover, she has taken her diatribe against Trump to such media outlets as CNN and Tucker Carlson Live.
The above-mentioned behavior further supports the contention that the communications for which JW seeks should be released to the public. While governing law prohibits the disclosure of any documentation that may potentially violate one’s constitutional and statutory privacy rights, inherent to this logic is that such information is prima facie confidential; meaning, if the target has voluntarily disclosed such information, it is already a matter of public record. Simply put, Felarca has unequivocally made her affiliation with BAMN well-known to the public. Therefore, disclosure of any records directly pertaining to her activism should pose no injury to her personal and/or professional reputations.
I’d be remiss to ignore the “poetic justice” of Felarca’s zealousness in defending her Constitutional right to free speech considering her entire tenure as an instructor is one of attempting to silence those with opposing points of view of theirs.
Clearly, Felarca’s interpretation of the First Amendment is that the right to protected speech only applies to those individuals who subscribe to her bigotry and hatred. Anyone whose ideologies don’t comport with her doctrines is an “enemy,” and these individuals must be silenced, and, if necessary, physically abused. She has gone insofar as to commit felony assault during a rally in Sacramento in an attempt to silence another’s right to free speech.
Perhaps most importantly, Felarca et al.’s complaint further exposes her delusion. She clearly is in denial and blatantly rejects the overwhelming amount of evidence in support of BUSD having more than ample “just cause” to fire her. She seems to forget that she herself put her employment history at-issue having filed a separate lawsuit last year against BUSD following suspension. By referring to a 30-page grievance letter authored by BUSD in her civil rights lawsuit, she made such information available for public viewing. Thus, Felarca’s repetitive “cry wolf” victim mentality, and abuse of our judicial system as a tool to advance her political agenda, are nothing more than an attempt to con others into believing that she, as a minority, should be pitied, and therefore permitted free range to verbally badger and physically assault others without any legal consequence—while holding her opposition accountable for defending themselves from her rage.
JW isn’t on a “witch-hunt”; rather, it’s on a long overdue fact-finding mission. The public has every right to know why Yvette Felarca is still permitted to teach middle graders, given her nefarious background. And BUSD, as a publicly funded institution, should ultimately be held accountable for its failure to fire Felarca by the government and those taxpayers that fund its existence.