Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Beer-Drinking Students Beat Suspensions In Court
ChannelCincinnati.com ^ | March 7, 2005

Posted on 03/08/2005 1:35:08 PM PST by MikeJ75

CINCINNATI -- A judge has ruled that 17 local high school students shouldn't have been suspended for drinking beer during a trip to Germany last March.

Hamilton County Common Pleas Judge Mark Schweikert concluded that Mariemont High School officials failed to clearly warn students and parents that drinking alcohol during the school-sponsored trip would be punished.

Parents insisted that during a meeting before the trip to Munich, they were led to believe the students would be exposed to beer drinking because it is part of the German culture.

The legal drinking age in Germany is 16.

"Knowing of the likelihood of such exposure while in Germany, where this behavior is legal and accepted, the (school) failed to adequately communicate to the students or their parents its specific requirements regarding alcohol consumption and the sanctions that would be applied," the judge said in his ruling.

The school board argued that the trip was a school-related activity, so its code of conduct for students applied. When students returned from the 12-day trip, school officials met them at the airport and informed them that they had broken the rules.

Attorney Gary Winters, who represents the school board, said an appeal is likely.

Attorney Richard Ward, who filed the lawsuit on behalf of two students, said the ruling "means what we knew all along, which was the kids didn't do anything their parents hadn't authorized them to do, and the school was wrong in punishing them."

Following hearings, the school board reduced 15 of the suspensions to community service. Ward said the judge's ruling means that all the sanctions should be erased from students' records.

The suspensions were first challenged in U.S. District Court in Cincinnati. A judge dismissed that lawsuit last May, saying the students' constitutional rights weren't violated by the suspensions.


TOPICS: Culture/Society; Germany; US: Ohio
KEYWORDS:

1 posted on 03/08/2005 1:35:11 PM PST by MikeJ75
[ Post Reply | Private Reply | View Replies]

To: MikeJ75
Attorney Gary Winters, who represents the school board, said an appeal is likely.

Thereby blowing more taxpayer dollars.

2 posted on 03/08/2005 1:38:10 PM PST by dirtboy (Drooling moron since 1998...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MikeJ75

So the "when in Rome..." argument worked.

Or well, "Munich" in this case.


3 posted on 03/08/2005 1:38:12 PM PST by Gator101
[ Post Reply | Private Reply | To 1 | View Replies]

To: MikeJ75

So the "when in Rome..." argument worked.

Or well, "Munich" in this case.


4 posted on 03/08/2005 1:38:29 PM PST by Gator101
[ Post Reply | Private Reply | To 1 | View Replies]

To: MikeJ75

Not drink beer when you're in Germany. Are they mad!? I guess so.


5 posted on 03/08/2005 1:38:37 PM PST by captain_dave
[ Post Reply | Private Reply | To 1 | View Replies]

To: captain_dave

A good friend of mine spent three years at Checkpoint Charlie. He said he needed a "nice long rest", when he came home.


6 posted on 03/08/2005 1:42:41 PM PST by massgopguy (massgopguy)
[ Post Reply | Private Reply | To 5 | View Replies]

To: captain_dave
Not drink beer when you're in Germany. Are they mad!? I guess so.

A bit mad. But if they visited Vermont, and 2 of boys decided to marry...

7 posted on 03/08/2005 1:42:59 PM PST by theDentist (The Dems are putting all their eggs in one basket-case: Howard "Belltower" Dean.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: MikeJ75

If it was legal for them to do so, then they cannot be punished for doing it. You do not take the Constitution or the laws of your state with you in your suitcase. If they were in Amsterdam one can only guess what they would have done. But in the end it was legal and the school authority should have respected the rule of law. If the parents did not want their kids to drink they should not have sent them to a place where it was legal for them to do so.....


8 posted on 03/08/2005 1:47:36 PM PST by Red Badger (The South seceded over refusal to end slavery. Blue states want to secede for the same reason......)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gator101

So I guess it's a good thing they didn't go to Amsterdam.


9 posted on 03/08/2005 1:48:22 PM PST by atomic_dog
[ Post Reply | Private Reply | To 4 | View Replies]

To: MikeJ75
Let's see if I got this correct;

17 year old boys, legal drinking age 16, appears that they were not supervised, they drank beer.LOL. Some things never change.(At least from my past experiences).

10 posted on 03/08/2005 1:49:57 PM PST by porte des morts
[ Post Reply | Private Reply | To 1 | View Replies]

To: MikeJ75

School boards think they are God. There is a move underway in certain districts to allow school boards to levy taxes.

Give them that and it won't be long before they decide they need their own law enforcement also.


11 posted on 03/08/2005 1:51:35 PM PST by Rebelbase (Who is General Chat?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger
If it was legal for them to do so, then they cannot be punished for doing it.

Although I don't think that they should have been punished, it is within the school's rights to insist that "school activity" rules should be followed. In this country, it is legal to carry a hunting knife, but we all agree that a school can forbid carrying one at a school activity

12 posted on 03/08/2005 1:54:24 PM PST by jaj_dad
[ Post Reply | Private Reply | To 8 | View Replies]

To: atomic_dog

LOL! yeah...it might be harder to argue in favor of some legal Dutch activities.


13 posted on 03/08/2005 2:04:35 PM PST by Gator101
[ Post Reply | Private Reply | To 9 | View Replies]

To: Gator101
LOL! yeah...it might be harder to argue in favor of some legal Dutch activities

ROFLMAO! Agreed .... legalized prostitution, tolerance of marijuana .... a kid could have a helluva time in Amsterdam!

14 posted on 03/08/2005 2:55:55 PM PST by hillary's_fat_a**
[ Post Reply | Private Reply | To 13 | View Replies]

To: MikeJ75

My Alma Mater. Way to go Warriors!


15 posted on 03/08/2005 2:56:01 PM PST by Buckeye Battle Cry (Life is too short to go through it clenched of sphincter and void of humor - it's okay to laugh.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson