Hornstine V. Moorestown - Injunction Granted and Settlement

Injunction Granted and Settlement

On May 8, 2003, U.S. District Judge Freda Wolfson ordered the Moorestown school district to follow its existing policy and name Blair Hornstine the sole valedictorian for the class of 2003. Wolfson wrote, "Ms. Hornstine earned her distinction as the top student in her class in spite of, not because of, her disability".

The Court found that Blair Hornstine met the conditions for issuing an injunction, including a likelihood of prevailing on the merits of her case. In addition to finding that "the Board's proposed action was intended and designed to have a particular exclusionary effect on plaintiff because of her disabled status," the Court cited a ruling by the New Jersey Commissioner of Education, in a case where there was no disability issue, that barred a retroactive change to requirements for the award of valedictorian.

Hornstine's claim for compensatory and punitive damages was settled on August 19 for $60,000; all but $15,000 of which went to lawyers' fees. On June 10, Hornstine, through her lawyer, Edwin Jacobs, informed the school that she would not attend graduation (which was held on June 19) and requested her valedictorian award be made in absentia, saying "the hostile environment at the school has traumatized Blair both physically and emotionally". Her house had been hit by eggs and paintballs, and she received a threatening letter.