Rancho santa fe news 2013 11 15

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THE RANCHO SANTA FE NEWS

.com VOL. 9, NO. 4

THE RANCH’S BEST SOURCE FOR LOCAL NEWS

NOV. 15, 2013

Students at Paul Ecke Central participate in a yoga class. This summer, the program was found to be constitutional, a decision that an attorney appealed last week. Photo by Jared Whitlock

Lawyer appeals judge’s ruling on yoga in schools By Jared Whitlock

DIGGING IN Students, Faculty, Board Members, supporters and members of the community gathered to celebrate the beginning of Phase 2 Construction at Horizon Prep. The Groundbreaking Ceremony included music, a special message by Horizon Prep President/CEO, Dr. Robert Botsford, and a prayer of dedication. Pictured from left to right: Andrew Elliott, Champion Whitton, Dr. Kenneth Kush, Bonnie Botsford, Dr. Robert Botsford, Charlotte Henderson, Greer Wetmore, and Reese Taylor. Photo by Soncee Partida

Local Democrat looks to become challenger to Issa By Tony Cagala

REGION — A Democrat in a heavily Republican-registered district going up against one of the most wealthy of congressional incumbents, with a limited amount of political experience and in a non-presidential election year. This is what Dave Peiser will be facing as he attempts to become the next challenger to try and unseat 49th District Congressman Darrell Issa (R-Calif.) next November. Peiser, an Encinitas resident, who currently serves as board president for the nonprofit group Microloans for Mothers, filed his candidacy papers earlier this year. For the past four months now, Peiser has been building his campaign and the team he’s put together has been Encinitas resident Dave Peiser has filed his candidacy papers with the FEC earlier this year. He looks to chalTURN TO DEMOCRAT ON A19

lenge incumbent Congressman Darrell Issa next November for the 49th District seat. On Saturday, Peiser spoke to the Escondido Democratic Club where he earned their endorsement. Photo by Tony Cagala

Holiday lights out

Two Sections, 44 pages

Construction work at the Del Mar fairgrounds cancels the annual Holiday of Lights this year. B5 The Banksy effect? An Encinitas woman finds a canvas with an image of street artist Banksy’s work on it. Could it be the start of an art scavenger hunt? B1

Arts & Entertainment . A20 Classifieds . . . . . . . . . . . B17

Legendary surfer and shaper Donald Takayama is being remembered in a memorial exhibit, one year after his passing in October 2012. A9

Food & Wine . . . . . . . . B11 Opinion . . . . . . . . . . . . . . A4 Sports . . . . . . . . . . . . . . . A16

HOW TO REACH US (760) 436-9737 Calendar: calendar@coastnewsgroup.com Community News: community@coastnewsgroup.com Letters to the Editor: letters@coastnewsgroup.com

ENCINITAS — Last week, attorney Dean Broyles filed an appeal of Judge John Meyer’s ruling that EUSD’s (Encinitas Union School District) yoga program promoted physical and mental wellness, and not any religious doctrine. Broyles, who brought the lawsuit on initially, said on Tuesday that he’s confident that a three-judge panel in a San Diego appellate court will see that yoga’s religiosity violates the U.S. Constitution. But if necessary, he’ll take the case all the way to the California Supreme Court, he said. When issuing his ruling earlier this summer, Meyer said expert testimony proved that yoga has roots in Hinduism. But Meyer added that there’s enough evidence to show that the yoga being practiced in the school’s district is devoid of spiritual or religious trappings. Broyles said that Meyer acknowledged the opening and closing sequences of EUSD yoga mirror a particularly religious kind of yoga called Ashtanga in a revised statement of finding after his ruling. He added that it’s concerning that the resemblance to Ashtanga yoga wasn’t enough of a “red flag” for Meyer to find excessive government entanglement with religion and suspend the program. But he believes the appellate court will make the connection and view yoga as unconstitutional. On the same note, he said the district isn’t qualified to decide whether “enough religion has been stripped” from the yoga program. “I’m worried about the government picking religious winners and losers,” Broyles said.

Broyles said the case would be heard sometime next year, adding that yoga in public schools is not a “local issue.” He noted that the India Supreme Court is mulling over whether yoga is religious and can be taught in the public education system. Since the trial, the EUSD yoga program has expanded, going from 10 teachers to 18. That’s thanks to a $1.4 million grant from the Sonima Foundation — a nonprofit previously known as the Jois Foundation. Broyles said EUSD is “doubling down” on an unconstitutional program. EUSD Superintendent Tim Baird said last week’s announcement from Broyles was expected. Broyles indicated at the conclusion of the trial this summer that an appeal would be coming. Three attorneys represented the district pro bono during the trial, and Baird said it’s likely they’ll continue to do so.While the district hasn’t racked up legal fees, Baird said district staff has spent time on the case — a cost that’s difficult to estimate, he said. Baird is doubtful the appeal will prevail, adding that Meyer “did a good job explaining” why EUSD yoga is secular. And Baird said he doesn’t believe the case will go beyond the appellate court. “I don’t know if there’s enough teeth for this to keep going forever,” Baird said. “Most people see that yoga is a secular activity,” he added. Because Meyer ruled the program passed constitutional muster, Baird noted EUSD has received more calls from school districts considering yoga. “They were waiting to see what would happen,” Baird said.


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