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Student files lawsuit over confederate flag ban.
Southern Legal Resource Center ^ | Dec 17, 2004

Posted on 12/19/2004 11:15:53 PM PST by DixieOklahoma

originally from spofga.org but can be found on georgiaheritagecoalition.org also.

Student files suit against school board

The Southern Legal Resource Center

News Release For additional information contact the SLRC at 828.669.5189/slrc@slrc-csa.org

For immediate release Friday, December 17, 2004 Student files suit against school board In Confederate prom dress case

LEXINGTON, KY – A young woman who was turned away from her high school prom because she was wearing a Confederate flag patterned evening gown will hold a press conference Monday after she files suit against the school board and officials who kept her out. Jacqueline Duty, a 2004 graduate of Russellville High School, is asking actual and punitive damages against the Russell Independent Board of Education, Superintendent Ronnie H. Back and Russell High Principal John Howard. The suit will be filed Monday in U.S. District Court in Lexington.

Following Monday’s filing, a press conference will be held at 1 p.m. on the steps of the U.S. Courthouse, 101 Barr Street. Ms. Duty will make a brief statement, as will her attorney, Earl Ray Neal, and officials of the Southern Legal Resource Center of Black Mountain, North Carolina, whose Chief Trial Counsel will act as co-counsel.

Former SLRC client Timothy Castorina, successful plaintiff in a landmark Sixth U.S. Circuit case that struck down a ban on Confederate-themed clothing in schools, is also expected to attend the press conference. Neal and Lyons/SLRC represented Castorina in the 5 ½ year court struggle

“Ms. Duty was intimidated and humiliated on what should have been one of the happiest nights of her young life by some very overzealous and wrong-headed people,” said SLRC Executive Director Roger McCredie. “She is entitled to vindication and we will work to see that she gets it.”

Earl Ray Neal is an attorney and adjunct Law Professor in Richmond, KY

The Southern Legal Resource Center is a nonprofit law firm that advocates on behalf of persons whose civil and constitutional rights have been violated in connection with expression of their Confederate heritage.
# # # # #

FOR ADDITIONAL INFORMATION, CONTACT: Roger McCredie (828) 669-5189 exec@slrc-csa.org rebscape@charter.net

--------

ahem Timothy Castorina, successful plaintiff in a landmark Sixth U.S. Circuit case that struck down a ban on Confederate-themed clothing in schools, is also expected to attend the press conference



That school district is in some deep do-do, and rightfully so.


TOPICS: Culture/Society; US: Kentucky
KEYWORDS: battleflag; confederacy; confederate; confederateflag; dixie; dress; lawsuit; prom; promdress; scv; thewarsoveryoulost
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To: nolu chan; sionnsar; Free Trapper; dcwusmc; Wampus SC; Fiddlstix; Southron Patriot; ...

bump


21 posted on 12/20/2004 6:46:51 AM PST by stainlessbanner
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To: oioiman
She is wearing the colors of an enemy force that was determined to rip apart our nation.

Look closely, those colors are the same as Old Glory.

22 posted on 12/20/2004 6:49:26 AM PST by stainlessbanner
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To: oioiman
The "South" just wanted to leave, and live in peace.

Nice re-write, and koolaid swallowing nimrod.

23 posted on 12/20/2004 7:07:06 AM PST by laotzu
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To: oioiman
"that tired old "states rights" crap"

States rights are "crap"?!! Thanks komrad.

24 posted on 12/20/2004 7:12:22 AM PST by laotzu
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To: laotzu

States Rights are so 1776 < sigh >


25 posted on 12/20/2004 7:33:54 AM PST by stainlessbanner
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To: laotzu
I don't think that the idea that the South wanted to leave in peace is the whole story. A lot of the South wanted to stay in peace, but that wasn't the wish of the oligarchy that motivated secession.

So many of us grew up in the 1960s in southern gubmint schools that tended to brainwash the masses into believing that the South=Confederacy. It's just not true, and it ignores all of the loyal Union men of the South that is a significant part of the history of Dixie.

26 posted on 12/20/2004 8:10:26 AM PST by Colonel Kangaroo
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To: Arkinsaw
Wearing it on dresses, or bikinis, or using it as a modern political symbol diminishes this position.

I'm not really sure that I can make this judgement without pictures ( Well someone had to do it!)

27 posted on 12/20/2004 8:45:14 AM PST by John O (God Save America (Please))
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To: Colonel Kangaroo
"I don't think that the idea that the South wanted to leave in peace is the whole story"

It wasn't meant to be.

The "South" was not "an enemy force that was determined to rip apart our nation"

28 posted on 12/20/2004 9:29:06 AM PST by laotzu
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To: laotzu
Secession was just a horrible choice that injured the good people of our country of both North and South and produced an environment that was conducive to activities of scoundrels in both Blue and Gray.

I think there's a lot of people who unfairly associate the rebel flag only with racism and can't admit that most of the people who respect it, do so to respect their forefathers. But on the other hand, I can't understand all the attention on the flag on the other side. Even if you're a descendent of Robert E. Lee, General Lee lived only about five years under confederate flags and about 55 years under the flag of the great Union that we all share in. Why does heritage equal only such a small subset of American history? All Americans share in the heritage of the great Stars and Stripes.
29 posted on 12/20/2004 9:49:10 AM PST by Colonel Kangaroo
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To: oioiman
She is wearing the colors of an enemy force that was determined to rip apart our nation.

"Our"? Oh, yes -- yours and the other Unionists'. As for the rest of us -- we just work here.

And never mind that the States that left, did so as sovereign People, whose conquest was a matter of New York's being able in future to line its pockets. And you guys fought for New York to get rich -- and you didn't even get paid at the same rate they did! LOL!

And don't give me that tired old "states rights" crap.

The People, as in "we the People", are the States. Each People in each State are the ones who hold elections, amend the Constitution (at will), and sit in jury boxes. The People are sovereign -- but if you read the full Constitution and the scholarship on its ratification, you will discover that each one of the States was a sovereign entity -- indeed, an independent nation -- by the grant of King George in the Treaty of Paris, and it was as sovereigns that the States (= "People") ratified the Constitution and amended it with the Bill of Rights.

The People of the States made the country, and they can unmake it at pleasure.

It's a bitch when someone has the right to say "no", isn't it?

The Confederate States sought an ending to the unity that eventually saved the world thru 2 world wars.

Unforeseen eventuality, at the time that your part of the country conquered ours, and made it your vassal and plaything.

The States of the old Confederacy can't even hold elections any more, unless the Department of Justice says it's okay. That kinda outline the relationship for you?

An arrangement like that would have been inconceivable in the time of Andy Jackson or James Madison.

30 posted on 12/20/2004 10:04:44 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: Colonel Kangaroo
A lot of the South wanted to stay in peace, but that wasn't the wish of the oligarchy that motivated secession.

If that were the case, then the secession movement wouldn't have garnered the thundering majorities that it did in the States that subjected their secession proclamations to plebiscites. In Texas and Virginia -- in Virginia you think you'd have had more "dissent", if that is what you are looking for -- the margins were of the order of 3:1 - 4:1.

Voting to remain in the Union, effectively, were the biggest Southern planters who feared a war, and who nominated and touted the Constitutional Union Party's candidate, John Bell. They got about 20% of the vote in Texas, in the 1860 general election. Lincoln got zero, zippo -- and Judge Douglas got very few.

Secession carried the day because that was what the People wanted. Legislatures and moneyed interests were a lot more cautious. Virginia, Tennessee, Missouri, North Carolina, and Kentucky all played a waiting game or tried to remain "neutral" like Missouri and Kentucky. Lincoln wasn't having any -- he mounted a putsch, a coup d' etat, against the State of Missouri using Union sympathizers organized illegally as "Home Guards" from the Wide Awakes and German immigrants, and they marched out and took over the State of Missouri, starting with the Missouri Militia, which they confronted in arms and forced to surrender (the Militia had no idea they were coming for hostile purposes and were caught utterly by surprise). Then they chased the state administration and legislature from their posts and took over the State by coup de main, all at Lincoln's orders, conveyed by his political cutout, Frank Blair, and Captain Nathaniel Lyon who, while a serving officer of the United States Army, before Lincoln's inauguration, had armed the Wide Awakes with weapons smuggled over the river by the governor of Illinois, from Illinois Militia armories. After the inauguration, he armed more companies using the absence of a superior officer to open the United States armory in St. Louis.

So far from an "oligarchy" demanding secession in the South and Border States, what you actually had was almost the opposite: rich planters voting for the Constitutional Union Party, the People voting secession, and conspiracies hatched by Lincoln to use Unionists to mount coups d' etat against the People in the Border States, and then later on to send a million bayonets south to war down the People under an assumed and spurious authority, to overrule and overmaster the People, who had lawfully expressed their wishes in elections, referenda, and constitutional conventions.

Your hero was a tyrant in the classical Greek sense.

31 posted on 12/20/2004 10:23:50 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: DixieOklahoma

when i see one of these con flags on a vehicle it invariably fits the stereotypical redneck loser mold.

either:
stupid "little dick" monster truck
rusted out junk pickup
beater car worth less than the gas in the tank
harley rider jacket/vest along with "support your local red and white" or "ss" nonsense.

always

never seen one near where i live on a bmw/expedition/chrsyler/corvette/toyota etc...

imho it is an in your face racial statement (at least out here in calif).

i'll never understand why otherwise good people would defend it.



32 posted on 12/20/2004 11:03:24 AM PST by cvn76 (F=GMm/r2 this actually works!!!)
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To: DixieOklahoma

Ditto on the dress and I hope she wins!


33 posted on 12/20/2004 11:16:48 AM PST by proudofthesouth (Boycotting movies since 1988)
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To: Colonel Kangaroo
"Secession was just a horrible choice that injured..."

No, it was the firearms that did that.

How ironic that after injuring, bloodying, defeating, and dragging the "South" back into the Union, that they then referred to these as "United" States.

I know that secession hurt feelings, and even angered, but "injured" is too much of a distortion. The "South" was not "an enemy force that was determined to rip apart our nation".

34 posted on 12/20/2004 11:16:50 AM PST by laotzu
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To: cvn76
"imho it is an in your face racial statement"

Well, then it must be true.

"i'll never understand why otherwise good people would defend it"

There's a safe bet. You will never understand.

35 posted on 12/20/2004 11:34:30 AM PST by laotzu
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To: DixieOklahoma

Confederate flag BUMP.


36 posted on 12/20/2004 11:35:31 AM PST by reelfoot
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To: DixieOklahoma
Politics aside, it's kind of a cheesy dress. She's a little, um, plump. She may want to consider darker colors.

I thought kids were wearing more sophisticated dresses to prom these days.

37 posted on 12/20/2004 11:38:49 AM PST by Modernman (Beer is proof that God loves us and wants us to be happy. --Benjamin Franklin)
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To: borntobeagle
Kentucky was a border state that never succeeded from the Union. Lincoln brought the troops in and made sure that the state government never succeeded. I find it rather funny how the P.C. crowd (Liberals) continually shape the rules to fit their agenda. If they don't like it than it must be bad and remove. But if they like it such as GAY rights you better keep not tramp on their rights.
38 posted on 12/20/2004 11:44:59 AM PST by reagandemo (The battle is near are you ready for the sacrifice?)
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To: DixieOklahoma

Damn trial lawyers.


39 posted on 12/20/2004 11:46:22 AM PST by Wolfie
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To: jonsie
I think she has a lawsuit, after all she is only wearing a red prom dress with a blue ribbon and stars, she looks quite patriotic.

She has considerably more than *just* a lawsuit, if she wants to push it.

United States Code, U.S. Criminal Code, Section 242;
Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Section 241;
Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

United States Constitution, Amendment I:

Amendment Text | Annotations Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


40 posted on 12/20/2004 12:55:49 PM PST by archy (The darkness will come. It will find you,and it will scare you like you've never been scared before.)
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