New York City Mayor Bill de Blasio’s decision to deny space to Harlem-based Success Academy Charter Schools has left the parents of students at Success Academy no choice but to collectively sue de Blasio for refusing the school access to public property.

The lawsuit is aimed at overturning de Blasio’s decision to disallow Central Harlem middle school from sharing space with another local public school.

Mayor De Blasio has already renewed 36 of the 45 co-located charter schools. But he has blocked two other Harlem-based charters including the 194 children of  Success Academy who routinely outperform some of New York City’s wealthiest schools.

Indeed, of the seven Success Academy Schools, the one de Blasio is try to gut has some of New York City’s highest test scores. Success has a 96% pass rate in math. Other New York public schools in the district have a 3-8% pass rate. In English, Success Academy has a 53% pass rate while the other area non-charter public schools have only a 6-9% pass rate.

Tisha Hatch, whose son Robert attends one of the at risk charters says “Public school failed him once; I will not have him go through that again.”

Eva Moskowitz, a former City Councilwoman and head of Success Academy Charter Schools said last week if Mayor De Blasio has beef with me, “don’t take it out on the kids.”

Now a new survey by Marist College, NBC4 and The Wall Street Journal found that just 39% of registered voters in New York City say they approve of Mayor de Blasio’s job performance while 57% give him poor ratings.