Judge in Language Flap Stepping Away from Case

WORLD-HERALD STAFF WRITER The Sarpy County judge who told a Latino father to avoid speaking Spanish to his child during visitation has removed himself from the case, saying he didn't want further action of his to be attributed to an outcry over his remarks.

Sarpy County District Judge Ronald E. Reagan has removed himself from the controversial case.

Having concluded that stepping down was necessary, District Court Judge Ronald E. Reagan explained his earlier comment that Eloy Amador not "speak Hispanic" to the 5-year-old daughter he recently met after his release from prison.

"That requirement was simply based on common sense and courtesy - at this time, the English language is the only language his daughter understands," Reagan wrote. "How will she learn any of the Hispanic cultural values if explained in a language she is unable to speak?"

The judge's handling of the case elicited accusations of cultural bias and attention from out-of-state news media and from community leaders.

Reagan said his decision had been based on comments from the child's mother and her lawyer, not any expert.

"The minor child had been frightened during a visit because no one, including her father, would speak in English, the only language she understood," the judge said.

Reagan said he did not mean that Amador could not teach Hispanic cultural and ethnic values. "I'd feel, and rule, the same way if roles were reversed."

He also agreed to meet with a group, including some bilingual parents, who wanted the judge to "get to know" them.

Amador is bilingual and has denied that he spoke only Spanish to his daughter, Destinie.

Kelle Westland, attorney for the child's mother, Michaela Krayneski, said the development does not change their position.

"I have no problem with Destinie being bilingual, learning her heritage," Krayneski said. "We want to keep his visitations consistent until she bonds with him."

Krayneski, 26, had said earlier that she would prefer Amador - who was recently released from five years in prison for selling drugs and possessing a weapon - to bow out of the child's life.

Krayneski and her attorney said Amador doesn't have to wait for the final order and could see the child as soon as he sets up supervised visits with the specialist who would monitor their get-togethers the next eight weeks.

Jose Garcia, a member of the group that called for a meeting with the judge, said he still is concerned about cultural bias in the judicial system and will continue efforts to educate.

"It's a problem that is not going to go away with one judge stepping from the fray," he said.

Another take on this story:

Denver Post
cindy rodriguez

Free speech? Not according to this judge
By Cindy Rodriguez
Denver Post Columnist

Friday, October 17, 2003 - Chances are you've never heard of Papillion, Neb. The only exciting thing going on in that city of 17,000, just outside of Omaha, is the SuperTarget store.

But it's getting a lot of attention from people throughout the state and beyond these days.

That's because a county judge with the name - get this - Ronald E. Reagan is acting like Papillion is located somewhere south of Beijing or east of Havana.

He has ordered a man from Papillion, who is seeking visitation rights with his daughter, to stop speaking Spanish to her.

Papillion may be 500 miles away, but people who think like Ronald E. Reagan are everywhere. It's a mentality that has manifested itself in the "English-only" movement, in ballot initiatives seeking to end bilingual education programs - like the one Colorado defeated last year.

It creeps up in places of employment. Earlier this year, a casino in Black Hawk settled a lawsuit with 36 former employees who were forbidden from speaking Spanish, even among themselves after the casino was closed.

And so when cases like the one in Papillion pop up, people take note because if Judge Reagan's order stands, it will take a huge chunk out of our Constitution.

These are the facts of the case:

The father, Eloy Amador, is bilingual. He told the judge he wants to share his culture and language with his daughter, who is being raised by a Caucasian mother.

But Reagan didn't seem to care.

"The principal form of communication during the periods of visitation is going to be English," Reagan said in court. "That does not mean that you can't instruct and teach her the Hispanic language."

Hispanic language?

That slip - he made it twice - speaks volumes about his ignorance of Latinos and the Spanish language.

Besides, how, exactly, is this father supposed to teach her Spanish if he can't speak it?

If Reagan gets away with stomping on a father's right to speak to his child - in whatever language he wants - he would be setting a dangerous precedent.

That's why several Nebraska state senators are up in arms. One senator from Omaha, Ernie Chambers, filed a complaint this week with the state Commission on Judicial Qualifications.

Chambers told me he wants the judge to be reprimanded.

And he should be.

Reagan probably is not a bad man. He may not be xenophobic. He's just misguided, probably because he grew up in a monolinguistic culture that doesn't understand the nature of bilingualism.

A child who is 5 years old can learn Spanish, French, German - all at the same time - and it won't hurt their mastery of English. Just ask the parent of any child growing up in France, Germany or Italy.

But Reagan said he believed Amador's speaking Spanish to 5-year-old Destinie would confuse the child.

"It's difficult enough to learn the English language, you know," Reagan told Amador. "And if you put her in a situation where people aren't communicating in a language that she understands, that's not fair to the child."

As if her father is going to start mumbling stuff in Spanish, like Ricky Ricardo. Amador was born in Texas. His first language is English.

But weak people fear what they don't know. Monolinguists worry that it will hurt a child's ability to perform well in school. But a father saying a few words in Spanish is just like an adult uttering a new word to a kid. And at that age, they're able to absorb words, phrases and concepts at an amazing rate.

My niece Christina, who is 5, is testament to that.

She knows the words to every Avril Lavigne song, but she also speaks some Spanish, thanks to my mom.

And her other grandmother teaches her Italian.

Because of them, Christina can go back and forth from one language to the next without any confusion. That's the beauty of a young mind.

Those who don't understand it want to put a lid on it. It's their way of trying to dilute other cultures.

According to the 2000 census, 71 percent of the 28 million people in the U.S. who reported Spanish as the language spoken at home said they spoke English "well" or "very well."

And that's not counting the millions of other Latinos whose primary language at home is English. Including mine.

My mother and I are bilingual: Spanish is her first language, English is mine.

Though I may tell her I love her in English, I always repeat it in Spanish, just as she did to me when I was a little girl: "Te quiero, tanto, tanto, tanto!" ("I love you so much, so much, so much!")

It's sad to know that somewhere in Nebraska, a father is forbidden from whispering te quiero to his own daughter.

Cindy Rodriguez's column appears Mondays and Fridays.

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