Posted on 02/17/2005 12:50:09 PM PST by pookie18
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.
Disclaimer: This post in no way states or implies intent or incitement to start shooting the bastards. Shooting the bastards is a personal decision and is the sole responsibility and liability of the individual.
I guess freedom of expression stops at the school house door.
If it were a necklace of little pink triangles or black beads to protest the war she'd be given a "free speech" award by the school. And get her picture taken with Ward Churchill. :D
Perhaps the lovely people of the school district beleive that by weaaring the colors of the flag representing this, the best country in the world, the young lady is encouraging violence against their school by terrorists (or the children thereof who are attending the school). God bless them for caring so much.
I am truly touched.
Unless SCOTUS is going to throw out precedent and change its entire stance on student speech, this is a slam-dunk for the kid.
What the hell are these people thinking of?
If this girl wanted to wear garments bearing certain other symbols, I'm sure she would be allowed to.
Vouchers.
Yeah, and they're the largest, baddest, well-armed, and most powerful gang on the planet today.
What the hell is wrong with you?
If they do work within the system (by suing the school) they'll win big.
Anarchy and rebellion against good, lawful authority are not conservative values.
Assassinating public officials? That's what the terrorists do in Iraq.
Amen, brotha. VEEouchers.
I think you're right. I sure as heck hope so.
Of course, my other question is why they'd want to, but I guess that's a whole nother issue...
Yet another argument for school choice vouchers, and/or Home schooling. If I were the parent of this child, I would also put a suit for compensatory and punitive damages on the table in plain sight as negotiating tools - just to make certain they knew they were dealing with someone who had the stones to back their kid up when the kid was right.
This is an early and unfortunate object lesson in freedom of choice versus left wing ideology of political correctness. The upside is the young lady will hopefully come out of this with even stronger character, and as an avowed activist conservative republican for life.
The inmates indeed appear to be trying to run the asylum in this instance. Old lefties never die - they just become teachers, administrators and Socialist apparatchiks!
A.A.C.
Yeah, man, lets send some of them to liberate those poor children trapped in that school district.
Why do I think if she walked around with a t-shirt that said "F--k Bush" the school would have no problem with this?
Another case of idiot school administration. This one's going cost them (and taxpayers more than likely), so perhaps they should look at precedent set in other cases and let her wear it.
This is so stupid its not even funny and I hope she gets to wear her beads. But as far a monetary compensation goes, the local taxpayers shouldn't be penalized for the actions of a few idiotic administrators.
The best gang in the world!
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