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ACLU of Arkansas Says Watson Chapel School Dress Code Violates Free Speech (2/22/2007)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
LITTLE ROCK, AR -
The American Civil Liberties Union of Arkansas filed papers in federal court
today charging that the dress code policy of the Watson Chapel School District
violates the free expression rights of students. The move comes in a lawsuit
brought by the ACLU on behalf of Watson Chapel students who were disciplined for
wearing black armbands to protest the school dress code and its harsh,
inconsistent enforcement.
Today's complaint also charges that a
separate school policy regarding student distribution of printed material is
content-based and violates students' free speech. One of the students in the
ACLU lawsuit was prevented by school officials from distributing flyers to other
students criticizing the dress code.
"We are asking the
court to find that the student apparel and literature policies are illegal and
unenforceable because they violate students' constitutional rights," said ACLU
of Arkansas Executive Director Rita Sklar. "Students have a right to wear a
button for or against the war in Iraq or to pass out literature that is critical
of school policies: that's the American way."
The ACLU charged that
the policy violates the First Amendment because it endorses selective speech
through clothing but bans all other forms of student expression. The policy does
not allow students to wear clothing or accessories that express a message other
than school logos or "spirit wear" showing school pride.
The ACLU
filed the lawsuit in October 2006 on behalf of three students who were punished
for protesting the policy. After a preliminary hearing, Federal District Judge
Leon Holmes issued an order prohibiting the district from disciplining students
for wearing black armbands, noting that testimony of school officials left "the
distinct impression that the students were disciplined because the black
armbands signified a protest, not because they defeated uniformity."
The complaint cites examples of students being disciplined and or
suspended from school for variations from the policy so minor that parents and
students felt they had no way of knowing what clothing would be acceptable.
According to the ACLU, students were disciplined for having belts that were
braided, not the right shade of brown or black, had too many holes, had
adornments, or had stitching that was not the same color as the belt; for having
pants with an extra pocket, khaki pants that were not the right shade or style,
or whose stitching was a different color from the pants; for wearing polo shirts
with too many or too few buttons; or for wearing any clothing bearing a
manufacturer's tag. The policy allows students to wear only khaki pants, a black
or brown belt, and polo-style shirt in specified colors.
When
school officials did not act to change the policy or its enforcement, students
wore armbands in silent protest of the policy and its seemingly arbitrary
enforcement. Students and parents testified at the preliminary hearing
that an article of clothing could be suitable to some officials but not to
others.
"If students are required to follow a school policy, they
have the right to have one that is clear, reasonable, and consistently applied,"
said ACLU cooperating attorney Rebekah Kennedy of Fort Smith.
The
case is Lowry v. Watson Chapel School District and is in United States District
Court for the Eastern District of Arkansas, Pine Bluff Division.
Today's complaint is online at: www.aclu.org/freespeech/youth/28637lgl20070206.html
More
information on the case is online at: www.aclu.org/freespeech/youth/27038prs20061010.html
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