Elmont Online

The case of Kelly Williams-Bolar has gained national attention. The video of a mother crying while being hauled off to jail for sending her kids to a school she thought was better and safer has seared our consciousness, and triggered a debate on the inequities which exist in our education and criminal justice systems.

While most people understand that a law was broken, they also see the lack of access to a quality education to those in certain racial or socioeconomic groups as a mitigating factor. The case, which caused an outcry from people of all races, resulted in the beginning of a movement to help Williams-Bolar

Please upgrade your installation of Flash. Elmont Online requires versions 9.0.115 or higher.It was reported that Common Pleas Judge, Patricia Cosgrove, released Williams-Bolar one day early – after she served 9 out of her 10-day sentence. Reports say that the Judge wrote a letter to the State Department of Education asking them not to deny Bolar the teaching license she was studying for because of her conviction. Cosgrove also indicated she would consider expunging the felony conviction if Williams-Bolar successfully completes a minimum of six months of probation.

It was also reported that the Akron chapter of the National Action Network, led by the Rev. Al Sharpton, is leading an effort on Facebook to raise money to enable Williams-Bolar to afford an appeal of her case. Donations are being sent directly to her.

In addition, many people are participating by signing petitions on facebook and at change.org urging Ohio Gov John Kasich to pardon Williams-Bolar.

These are all good, but the most effective strategy that should be employed to help Williams-Bolar is to appeal the constitutionality of the part of the education law which makes her conduct a felony. It can be argued that it’s unconstitutional because it does not offer equal protection. It has a disparate impact. This can be easily proven by comparing the race of all those found in violation of the law, and the plea bargains or other resolution which were offered in those cases. If it is found that the law is not applied equally and only the poor are convicted, then it can be argued that the law is unconstitutional.

It can also be argued that the law which makes Bolar’s conduct a felony is unconstitutional because it imposes cruel and unusual punishment. The punishment (jail time) is grossly disproportionate to the conduct. This is not a violent crime or one motivated by greed, depravity or the intent to hurt others. The goal here should be to reimburse the school district for the money it lost. Therefore, reasonable fines, payment plans and other remedies should be explored so that the punishment is fair, and the school district is made whole. Cases such as this one should be heard in an administrative tribunal, not criminal court where the penalty for a violation is jail time and probation.

If the appeal is successful and the law is found unconstitutional, then Williams-Bolar’s conviction could be overturned.