Posted on 12/21/2004 3:45:01 PM PST by anymouse
Jacqueline Duty's prom dress created a stir even before she showed up for the May 1 event.
When Duty came to the Russell High School prom in a self-designed red, white and blue gown with the Confederate battle flag as part of the design, she was told to leave.
School leaders, who had heard about Duty's plans to wear the Confederate-inspired sequined gown, wouldn't allow her to enter the prom or even leave her vehicle, her lawyers say.
"Her only dance for her senior prom was on the sidewalk to a song playing on the radio," said Earl-Ray Neal, her lawyer.
Now Duty is suing the school district in U.S. District Court in Lexington, saying the school district and administrators violated her First Amendment right to free speech and her right to celebrate her heritage. She also is suing for defamation, false imprisonment and assault.
She plans as well to sue for actual and punitive damages in excess of $50,000.
Her lawyer said Duty lost many scholarships because she was portrayed as a racist after the incident. Duty's mother added that her daughter graduated near the top of her class in May.
At a news conference Monday in front of the Lexington federal courthouse, Duty showed the news media the dress that caused the uproar.
"I wanted to show part of my Southern heritage," she said, explaining why she wanted to wear the dress. She said she had worked on the dress' design for four years, adding that it had always been her dream to wear a Confederate-themed dress to her senior prom.
Duty acknowledged that some people might find the Confederate battle flag, sometimes called the Rebel flag, offensive.
But she added: "Everyone has their own opinion. But that's not mine. I'm proud of where I came from and my background."
Duty, 19, now attends Shawnee State University in Ohio and works part time at a sporting goods store.
Kirk Lyons, one of her lawyers, said Duty waited several months to file the lawsuit because much of the legal work is being done for free. Sons of Confederate Veterans also vowed help pay for some of the legal expenses.
Shortly before the prom, a teacher overheard Duty talking to some friends about the design of her dress. Word of Duty's plans made its way to principal Sean Howard, who called Duty the night before the prom and told her not to wear the dress, her lawyers said.
Duty's mother, Max Duty, tried to talk to school officials about their decision but those talks went nowhere, Neal said.
Duty didn't have another dress to wear. So she decided to go to the prom and see whether school administrators would change their mind.
Howard, the principal, and two police officers met her outside the school, according to the lawsuit.
"Howard intimidated (Duty) by physically striking the vehicle in which she was sitting," the lawsuit said.
Duty said she was surprised by the school's reaction. The school's dress code does not address or mention Confederate symbols or the flag, the lawsuit said.
"We've all worn Confederate flags to school before," she said.
The lawsuit says that after the prom, school officials made students wearing Confederate symbols change or remove the items even though the symbols were not creating any disruption in the predominantly white high school in northeast Kentucky.
No one from the Russell Independent Board of Education or from Superintendent Ronnie Black's office could be reached for comment. Black and Howard also are named in the lawsuit.
Although there have been several lawsuits over whether it is appropriate for students to wear Confederate flags or symbols at school, Duty's could be one of the first to involve a prom dress.
Many Kentucky schools began to re-think their policies about the Rebel flag in 2002 after the 6th U.S. Circuit Court of Appeals overturned a case involving a Madison County student.
In 1997, Timothy Castorina wore a T-shirt to Madison County school in 1997 proclaiming "Southern Thunder," to commemorate what would have been Hank Williams Sr.'s 74th birthday. Castorina and a friend who also wore the T-shirt were suspended. Castorina was later home-schooled.
U.S. District Court Judge Henry Wilhoit Jr. ruled that T-shirts were not a form of free speech, and tossed out the case. But the 6th U.S. Circuit Court of Appeals overturned the decision and ordered a new trial.
The case was settled before the second trial began. As part of the settlement, Madison County revamped its dress code policy. It also established criteria for determining what clothing is deemed offensive, and set up an appeals process. Many other school systems have since followed Madison County's lead.
Lyons and Neal were Castorina's lawyers.
The U.S. Supreme Court has yet to hear a case over whether a student can wear Confederate symbols to school. But lower courts' rulings have been mixed, leaving no clear precedent in place.
I saw the dress on TV and it looked great! It showed a lot of imagination and class!
A lovely girl and a spectacular dress! This is the type (style) teenagers are wearing to their proms now...many are black! At any rate, I do like hers...she showed great creativity in designing it. That many sequins must have taken a long time to sew on. Maybe some famous designer will hire her; I think she shows promise.
She's probably a reasonably-sized girl; the camera DOES add pounds, and besides, we're all so used to the size 0's and 2's on TV that normal sized kids look a little hefty.
Some schools allow boys to show up in a dress (cross dressers must be tolerated), but a good looking blonde in a dress with a Confederate flag pattern is verboten. What chicanery, what skullduggery!!!
A BOY that was in my Daughter's senior class wore DRESS to their Senior Prom and he got kicked out.
As far as I know he Took it like a Man and Did Not file a frivolous lawsuit like this girl has.
O boy. What a wacked response that is.
Sheath dresses can only be worn to good effect by a girl with a boyish figure.
Something by Worth would be nice . . .
As a young lady not yet "out", she ought to stick to pastels anyhow.
It's an ugly dress, but damn, no need to ban her for it.
Refresh my memory cause I've missed the part of History where his ancestors DIED defending his dress/shorts. Like it or not this Flag is a part of our History and we have the RIGHT to display, wear and Honor the flag of our Southern lands. We didn't like being bullied and pushed around then and we sure as he!! don't like it now.
bump for later read
Howard, the principal, and two police officers met her outside the school, according to the lawsuit.
>>>
I'm thinking of chickens...and salad.
Nothing frivolous about rights and freedoms.
Thanks for the link...appreciate it!
This young lady is to be congratulated for her courage in standing up for her Constitutional rights and honoring her ancestors.
I'd think this would be a major consideration. If the school didn't eject students from attending school with confederate flags or symbols, then they don't really have any grounds to eject this girl from the prom.
"I saw it in the window and just couldn't resist!"
After seeing the pic of her dress I have to say that I think she was looking for a fight. Espeically given her actions before the prom too.
I think the shcool was wrong to make this big a fuss, but she also was asking for trouble and she got it.
I don't think her dress is wrong, offensive, or (particularly) immodest, although I would expect my daughters to wear something with more top :-). I just think a different style would flatter her more.
If nothing else, the school officials have got lots of bad publicity on their hands ... look like idiots.
I'm sorry the link on your Worth picture didn't work ... I love those gowns!
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