Posted on 06/15/2006 7:09:27 AM PDT by NormsRevenge
MIRA LOMA - A Jurupa Valley High School senior was denied his court request to wear an anti-illegal immigration T-shirt to school in Riverside County Superior Court on Wednesday.
But 18-year-old Joshua Denhalter's disappointment is outweighed by school finals, graduation and saying goodbye to friends before he leaves for the Marines Corps in less than two weeks.
"I think it was a good thing for me to try to get a point across," Denhalter said. "I'm just concentrating on graduating and getting in boot camp. But it would have been a great victory to wear my shirt."
The emergency request order was filed Tuesday and asked that Denhalter be permitted to wear the shirt during his remaining days at school without hindrance from school officials.
Tim Liebaert, one of Denhalter's attorneys, said Judge Thomas Cahraman denied the request because of the lack of time available to view Denhalter's and the Jurupa Unified School District's arguments adequately.
"The judge felt he didn't have enough time to make a proper investigation of the legal issues," said Liebaert, adding that Denhalter began filing for the order shortly after school officials told him he couldn't wear the shirt on May 25.
"(The judge) felt that he couldn't give the parties a fair shake in such a short time, but I wish he could have seen it as a simple First Amendment issue, as we do," Liebaert said.
The T-shirt, produced by the nonprofit organization Save Our State, portrays a pointing Uncle Sam with the words, "Illegal Aliens, We Don't Want You."
Denhalter was told he couldn't wear the shirt on campus by school officials, according to a lawsuit he filed June 1 against the district.
The lawsuit claims Denhalter's First Amendment rights were violated when he was reportedly suspended from school after refusing to stop handing out fliers for an off campus anti-immigration rally in March. The lawsuit also said Denhalter was denied access to an on-campus immigration forum.
Elliott Duchon, Jurupa District superintendent, said Denhalter wasn't suspended for expressing himself, but because he refused to stop passing out fliers encouraging students to leave campus for a demonstration during school hours.
"He was never told that he couldn't voice his opinion," Duchon said.
He also said the T-shirt didn't comply with the school district's dress code.
"We're glad (the request) was denied," Duchon said. "Students can't wear attire that either exalts or demeans any particular group of people."
But Liebaert said the district's conduct was directed toward Denhalter's speech, and that by preventing him from wearing the shirt, it encroached on his free speech.
Liebaert said the lawsuit against the district is still pending and that a trial will be set at a later date.
Duchon said the suspension shouldn't have any impediment on Denhalter's academic record.
Denhalter said that while he's enlisted, his uncle will hold power of attorney over him regarding the case. Denhalter also said that he's received death threats and been called racist since the suspension.
"Most of them don't know who I am," he said. "If they just had a glimpse of my life, they'd know I'm not a racist. I hang out with people of different races."
Joshua is headed for Marines Boot Camp in a couple weeks.
Semper Fi, Josh and Good Luck!
---"We're glad (the request) was denied," Duchon said. "Students can't wear attire that either exalts or demeans any particular group of people."---
Yes, this teaches them to keep their mouths shut, which is a good thing when their elected leaders are trying to circumvent the Constitution and enact laws that are contrary to the will of the people.
How about a tee with the statement "Jurupa Valley High School protects lawbreakers"
I can see lots of t-shirts he could wear and dare the school to say a word. How about sayings along the lines of "Stand up for the Constitution", "Our Forefathers would be rolling in their graves", "Students have Rights", "Marines fight for Americans' freedoms", "Have you hugged a Marine today?".
I wonder if the school would boot him for wearing a "No North American Union" T-shirt?
I was thinking along the same lines. Schools have anti-drug D.A.R.E. programs, and I'm sure students are free to wear DARE shirts, which amount to saying 'drug dealers, we don't want you.' What's the difference with this student's t-shirt?
Semper Fi, Josh and Good Luck!
Another vet thank's you Josh, for volunteering to serve, honor your Country, and to help protect us all.
God Speed and God Bless you and all of our Military, wherever they may be.
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.