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Dad Sues Over School Lunch Seating Restriction
WNBC Television ^ | 5/20/2004 | Puppage

Posted on 05/20/2004 10:50:06 AM PDT by Puppage

GALLOWAY TOWNSHIP, N.J. -- Twelve-year-old Gianna LoPresti wants to sit with her friends in the cafeteria. But she may need a permission slip -- from a judge, that is.

At Galloway Township Middle School, students must sit in the seats they're assigned to during lunch hour. The girl, a seventh-grader, has been cited three times for violating the policy.

Now, her father is suing the school, saying the rule violates First Amendment protections of freedom of speech and freedom of assembly.

"These are kids," said Giovanni LoPresti, 40. "It's not a prison."

School officials say the restrictions are aimed at keeping order in a lunchroom buzzing with 260 seventh- and eighth graders.

The dispute began two weeks ago when the girl returned home from school and told her father she'd been given detention.

"I thought she'd done something drastic," said her father. "I said `You had to have done something.' She said she sat with her friends and socialized at lunch."

The girl was found sitting in a seat she had not been assigned to and was given three detentions -- one for each week she had done it. Lunchtime detention consists of eating lunch in a classroom, under a teacher's supervision, away from the cafeteria.

LoPresti says the restriction is unfair because it assumes all students are potential troublemakers.

The girl, who has been punished previously for talking in class and once throwing a calculator onto a desk, is no troublemaker, according to her father.

On Monday, he filed suit in Superior Court seeking an injunction barring the school district from enforcing the policy.

School officials say the seating restriction has been in place for years and that parents are advised of it through student handbooks sent home at the start of the school year.

"The students are allowed to move around the cafeteria," said Schools Superintendent Doug Groff. "All they have to do is ask permission from teachers or the principal. It's not that they're restricted. It's just decorum."

Typically, the cafeteria has up to 260 students in it during lunch periods, he said.

"Normally, parents understand that we need some rules in schools. They expect that and they have an expectation. If you let kids wander wherever they wanted, the parents would say 'What kind of school are you running? You let the kids run wherever they want,"' Groff said.

Deborah Jacobs, executive director of the American Civil Liberties Union's New Jersey chapter, would not comment on the legal merits of the girl's case.

She said free speech has restrictions as to time, manner and place, but that enforcing assigned seating in a school cafeteria was unusual.

"It sounds like an excessive restriction. I'm not aware of other schools with 260 kids who have resorted to this. This sounds overreaching to me," she said.

Typically, school principals -- not school boards -- make such policies for their buildings, according to Michael Yaple, spokesman for the New Jersey School Boards Association.

"Our sense is that it's not uncommon to have assigned tables or rules saying students can't roam about the cafeteria. The courts have typically given wide latitude to school administrators to maintain order and discipline," Yaple said.

Frank Askin, director of the Constitutional Law Clinic at Rutgers University's Newark campus, questioned whether LoPresti has a legitimate First Amendment claim.

"I certainly wouldn't want to take his case," said Askin.

In fact, no one has. LoPresti is acting as his own attorney.

Though she hasn't served the lunchtime detentions yet, his daughter said it's wrong for the school to tell her where to sit.

"I think the school thinks the students are going to cause trouble at lunch. It's wrong to punish the kids who do nothing. We need to talk to our friends during lunch," Gianna LoPresti said.


TOPICS: Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: lawsuit
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1 posted on 05/20/2004 10:50:09 AM PDT by Puppage
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To: Puppage; Born Conservative

ping


2 posted on 05/20/2004 10:57:05 AM PDT by kenth
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To: Puppage
"It sounds like an excessive restriction. I'm not aware of other schools with 260 kids who have resorted to this. This sounds overreaching to me," she said.

However, I bet if you compare lunch dicipline problems between this school and one that does not assign seats you will see a difference. Just a guess.

3 posted on 05/20/2004 10:58:09 AM PDT by jtminton (<><)
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To: Puppage; Coleus

ping


4 posted on 05/20/2004 10:58:43 AM PDT by Calpernia (http://members.cox.net/classicweb/Heroes/heroes.htm)
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To: Puppage

Spoiled brats. Father and daughter.


5 posted on 05/20/2004 10:58:55 AM PDT by Iron Matron (Those who serve two masters also have two faces.)
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To: Puppage

Call her a WAHHHHmbulance.


6 posted on 05/20/2004 10:59:46 AM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: jtminton

If you compare crime rates in places where the execute people for the smallest crime you would see they are much safer...

These are kids, not numbers.


7 posted on 05/20/2004 10:59:54 AM PDT by inflation (Cuba = BAD, China = Good? Why, should both be treated the way Cuba is?)
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To: jtminton
I bet if you compare lunch dicipline problems between this school and one that does not assign seats you will see a difference

Great point.

8 posted on 05/20/2004 11:00:24 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: Puppage

"I think the school thinks the students are going to cause trouble at lunch. It's wrong to punish the kids who do nothing. We need to talk to our friends during lunch," Gianna LoPresti said.



She didn't exactly do nothing. She broke a rule. I had assigned seats in Grammer School 25 years ago. I fail to see the big deal.


9 posted on 05/20/2004 11:01:05 AM PDT by KJacob (No military in the history of the world has fought so hard and so often for the freedom of others.)
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To: kenth; CatoRenasci; Marie; PureSolace; Congressman Billybob; P.O.E.; jcb8199; cupcakes; Amelia; ...

10 posted on 05/20/2004 11:01:10 AM PDT by Born Conservative (It really sucks when your 15 minutes of fame comes AFTER you're gone...)
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To: Iron Matron; All

I feel so sorry for kids who have parents like these. The most important lessons are not being taught, and some really bad attitudes are being encouraged.


11 posted on 05/20/2004 11:02:13 AM PDT by jacquej
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To: Iron Matron

You are right,they are spoiled brats.

When I was raising my kids(in the sixties) if they didn't like a rule I had only one word for them.

Tough!!!!!!


12 posted on 05/20/2004 11:02:18 AM PDT by Mears
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To: KJacob

See post 5 :-)


13 posted on 05/20/2004 11:02:19 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: Puppage

The fodder needs to find out at what leval his dotter reads....then get made about the kafetria seeting arangemint!


14 posted on 05/20/2004 11:02:44 AM PDT by JesseHousman (Execute Mumia Abu-Jamal)
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To: inflation
These are kids, not numbers.

If this makes them better kids, then I see no problem in it.

15 posted on 05/20/2004 11:04:11 AM PDT by jtminton (<><)
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To: Puppage
The time to take this up is at the beginning of the school year when presented with the student handbook.

Not when your daughter is found in violation.

You have much more credibility that way.

16 posted on 05/20/2004 11:04:31 AM PDT by robertpaulsen
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To: Born Conservative

When we finally decide that people bringing these type of lawsuits, and the attorney who represents them are legally liable to the taxpayer in the event they loose the suit, then these type of silly lawsuits will begin to go away.


17 posted on 05/20/2004 11:05:29 AM PDT by kjam22
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To: Puppage
I can't talk to my friends during lunch!


18 posted on 05/20/2004 11:05:35 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: Puppage
when i was in grammar school back in the mid-70's, i remember the school i attended had each class share a table... you had to sit with your class... i don't remember anybody questioning it or complaining about it... and each table/class was dismissed from lunch one at a time... then we went to the playground...

the school i went to before that did not have this set up... we sat wherever and were able to leave after a certain amount of time passed... (i think we were at least set up in sections by grade, however)...

19 posted on 05/20/2004 11:05:40 AM PDT by latina4dubya
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To: jtminton

Well, they could try punishing those that cause trouble...


20 posted on 05/20/2004 11:06:29 AM PDT by inflation (Cuba = BAD, China = Good? Why, should both be treated the way Cuba is?)
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