Posted on 02/17/2005 8:18:22 AM PST by 1Old Pro
| Colorful beads lead to court Student claims Schenectady school district cannot ban her red, white and blue necklace |
| By MICHELE MORGAN BOLTON, Staff writer First published: Thursday, February 17, 2005 |
| ALBANY -- A Mont Pleasant middle school student is taking her freedom-of-expression fight to federal court, claiming Schenectady school officials have no right to ban her from wearing a handmade red, white and blue necklace to class. The beads, which Raven Furbert got as a string-it-yourself Christmas gift, symbolize love of country and respect for soldiers serving in Iraq, according to the lawsuit her mother, Katie Grzywna, filed in U.S. District Court in Albany. Among those soldiers is her uncle, J. Barnes, who is a member of the Army National Guard's 42nd Rainbow Division, and three other relatives. Barnes shipped out to Kuwait in October, and went on active duty in Iraq the first week in January. Raven, 12, made the necklace over the Christmas vacation and wore it on her first day back to school on Jan. 4. She said it was to commemorate Barnes' move into a danger zone and that it is her way of trying to protect him. She said she can't understand what the big deal is. "I just want to wear them for my uncle," she said. "I'll be really glad when this is all over." Schenectady school officials immediately banned her from displaying her unique neckwear in a belief such "gang-related" jewelry violates policy, court papers alleged. Raven was threatened with suspension if she continued to wear the beads. "I still don't see anything wrong with this," her mother said of the case that has created a stir. It was featured last week on the Fox News Channel program "Hannity & Colmes." "(School officials) even said on that program that they do not have a gang problem in the Schenectady school district," she said. And that isn't all, added the frustrated mother. Grzywna said it seems now that Raven is being targeted, and the child who used to sail through her school days without incident is now tagged frequently for in-school detention and other disciplinary measures. Grzywna said she tried to explain to school officials that the necklace was nothing more than a show of patriotism. But they wouldn't listen. On Jan. 14, word came home that the beads had been banned, she said. Officials then said beads could be worn but not displayed, she said. So Raven began wearing the jewelry under her clothing, her mom said. This week, on both Monday and Tuesday, administrators again told Raven to remove the beads, Grzywna said. She complied. But then put them back on. Named in the federal action are Assistant Superintendent Eric Ely, Mont Pleasant Middle School Principal Gary Comley and Assistant Principals Nicki DiLeva and Matthew DeLorenzo. Sherry Greenleaf, who is employed full time as the school district's attorney, said she couldn't comment specifically because the school district hadn't yet seen any court papers. "But certainly we believe the policy is valid and properly enforced," she said. Bob Keach, a lawyer who specializes in civil and constitutional rights violations cases, said several of Raven's friends also have been told not to wear the beads even though the Mont Pleasant dress code does not mention beaded jewelry as a banned item. Grzywna is seeking a permanent injunction preventing the school district from banning expressive clothing. She also wants monetary damages and declaratory judgment, which allows a judge to decide whose position is correct. "As of today's date, the wearing of the red, white and blue beaded necklace made by a 12-year-old to show support for soldiers dying to protect this country's freedom is still forbidden ... under penalty of suspension from school," Keach said in court papers. And the mascot for the Schenectady City School District is a patriot, he pointed out: "So school colors are red, white and blue." "Patriotism is a virtue to be fostered among the young," he said. "It is not 'gang-related.' We can't believe we've had to take it this far." "We would never want to stop a student from expressing their patriotism, support for U.S. troops or their love for the American flag or America in our schools," said Jeff Janiszewski, Board of Education president, in a posting on the Schenectady schools' Web site. "This student simply decided to choose one of the very few forms of expressing patriotism that goes against our carefully considered rules." A conference in the case has been set for June 15 before U.S. Magistrate Judge David Homer. Student dress code The Schenectady school district's Web site includes a posting of its student dress code. Following is the text of that policy: 1. Students' dress, grooming and appearance, including hair style/color, jewelry, makeup and nails will be safe, appropriate and not disrupt or interfere with the educational process. 2. Students will not wear brief garments such as tube tops, net tops, halter tops, spaghetti straps, plunging necklines (front and/or back) and see-through garments. 3. Students will ensure that underwear is completely covered with outer clothing. 4. Student will wear appropriate footwear at all times. Footwear that is a safety hazard will not be allowed, which includes but is not limited to steel-tipped boots, slippers and heels of an unsafe height. 5. Students will not wear headwear in school except for a medical or religious purpose. 6. Students will not wear items that are vulgar, obscene and libelous or items that denigrate others on account of race, color, religion, creed, national origin, gender, sexual orientation or disability. 7. Students will not wear clothing that promotes and/or endorses the use of alcohol, tobacco or illegal drugs, and/or encourage other illegal or violent activities. 8. Students will not wear any clothing deemed to be gang-related, including, but not limited to, bandannas, colors or flags. 9. Students will not wear coats inside during the school day. |
By the sound of their rules all you really have to wear is shoes and a nice haircut.
The school can set its own dress code, but in this case, it sounds like they're being arbitrary. I would bet the school will lose in court.
What an absurd decision by the school. How are red, white and blue "gang colors"?
Yup...Sure looks like gang colors to me;-( The school is probably run by anti-American Libs. What a surprise!
There's their out. They can "deem" anything they like to be "gang-related," probably with no supporting evidence.
Or maybe they'll use the rationale that the U.S. Army is a gang. After all, it's a group of (mainly) young men, with a violent purpose.
I saw this little girl on H&C.
She is very cute, very polite and seems very smart.
The school is over the top on this one.
Hannity offered to buy one of her homemade necklaces.
She offered to make it for him free of charge.
How can you argue with this policy..? everyone knows hardcore gang members are at home right now stringing beads together.
But absolutely no patriotic beads
Ping.
It's a problem with rank and file government decision makers. They can't be trusted to use common sense so they write stupid rules which more often than not are stupid rules.
Only the lunatic fringe gang members :)
bump
Sure, they thorw beads and that can knock an eye out. They put them on the floor to make people fall so they can attack them.....
What the F? ping
ping
And the strings break, and the beads plug up the drains. Sabotage.
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