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The United Federation of Teachers and NAACP went to State Supreme Court on Tuesday, saying the Department of Education did not follow legally required procedures when trying to close 22 schools. They also protested the DOE plan for 16 charter schools to get co-locations, or placement within existing public school buildings.

The teachers' union and civil rights activists made the argument that charter schools are being given more than their fair share of public school buildings.

"Our children don't want a charter school there, our parents don't want it there, our community don't want it there and we say there is no room," said Cassandra Raiford, a parent of a P.S. 308 student.

In turn, charter school parents fired back.

"We parents have made the choice. These are great schools, and we're asking the NAACP to drop this lawsuit," said charter school parent Cathleen Kernizan.

There were so many attorneys representing all the plaintiffs, defendants and respondents in the courtroom on Tuesday, that reporters had to sit in the jury box and teachers, parents and activists waited in the hall.

But when a lawyer representing the charter schools told Judge Paul Feinman if he halted the expansion of the charter schools, that thousands of families would be left in the lurch, the judge cut in.

Feinman said it is not up to the courts to decide whether co-locations are good or bad or whether charters are good or bad. That, he said, is up to legislators. His only role is to decide whether the law was followed.

This very charged case, which has sparked dueling press conferences, protests and rallies almost daily, has at least in the public arena become about the differing education philosophies of several powerful groups.

"Education is a game-changer. Please don't trample on my kids' civil rights," said charter school parent Ny Whitaker.

"Supporters of the charter school system have dishonored the charter school system severely by their egregious, outrageous and scurrilous attacks on NAACP," said UFT attorney Charles Moerdler.

For many, the case has become about who is on the right side of a modern civil rights battle to improve education for poor, black and Hispanic students. While the legal questions have real consequences, the larger questions will not be answered any time soon.