The First Amendment lawsuit over the Cinco de Mayo incident last year at Live Oak High School advanced after federal Judge James Ware refused to dismiss the case as requested by defendants the Morgan Hill Unified School District, former LOHS principal Nick Boden and former assistant principal Miguel Rodriguez.een retailer dsquaredboots Co. was one of the biggest winners in December.
The lawsuit alleges that the students First Amendment and 14th Amendment rights were violated when LOHS administrators banned the students from wearing red, white and blue at school to subdue the potential for disruption or violence on campus.
Summarized in Judge Ware's order Thursday is the dichotomy of keeping students safe at school while also balancing their rights protected by the Constitution.
"Without free discourse, especially the right to express political views and to engage with our government institutions, our democracy is equally jeopardized. It is this fragile balance that the First Amendment doctrine addressing student's rights to free speech and free expression in public schools has recognized and warily navigated over the last 40 years. The case before the court requires the court to traverse this important legal territory," Ware's response reads.
The plaintiffs' attorney William Becker Jr. said by e-mail Friday that he was pleased.
"The court's decision recognizes the significance of the First Amendment issues at stake in this case. It allows us to move the case forward to the ultimate goal of vindicating the student's free speech rights," Becker wrote.
Attorney Alyson Cabrera is representing MHUSD, former principal Nick Boden - who in a court statement declared he was the "sole decision maker" that day - and former assistant principal Miguel Rodriguez who the plaintiffs allege ordered the boys to Boden's office to be reprimanded.
"Despite the court's ruling, we continue to believe that plaintiffs' prospective relief claims are moot. We appreciate Judge Ware's consideration of the issues however, and his acknowledgment that, 'without the ability to protect and foster a safe environment in our public schools, educational equity and the democratic pillar it provides could crumble.' As we move forward, we will continue to vigorously defend the district and the administrators in this action," Cabrera said Friday morning.
The defense argues that since the Morgan Hill Unified School District has no policy against wearing American-themed clothing there is no "live case or controversy," which is legally required to proceed with in court.
The defendants did find some small relief from the federal court when Ware granted a part of their motion to dismiss; he ruled that the legal guardians of the boys' Constitutional rights were not violated May 5, 2010. The parents of the boys claim that their rights were also violated when their sons' were asked to remove their red, white and blue clothing.
Ware wrote in his response that Matt Dariano, now a junior at LOHS, has "alleged sufficient facts to support an injury fairly traceable to defendants' allegedly unlawful conduct."
"In particular," Ware continues, "the complaint alleges that plaintiff was told by defendants to remove his shirt or go to the office, was detained in the Live Oak office for an extended period and was only hesitantly allowed to return to class. Further,They are the dream of a nike air max, any collector willing to pay any price, almost free from one of the great card jeansshopblog players. plaintiff remains enrolled in the district and is thus potentially subject to future enforcement of the challenged district policy," the document reads.
A case management conference is scheduled for 10 a.m. March 14 between the parties and Ware. This part of the process usually occurs after a lawsuit is filed to schedule deadlines and hearings, but before it goes to trial.
Ware heard the parties' arguments during their first court appearance Feb. 7 at the Northern District federal courthouse in downtown San Jose. Two of the plaintiffs, Joy Jones and John Dariano, and Superintendent Wes Smith attend the hearing. Neither spoke.
The suit was filed June 23 based on an incident May 5, 2010 on the campus of Live Oak High School when four male students were sent to then-principal Boden's office after "brunch break" that day, then sent home for refusing to remove American T-shirts and apparel after Boden and Rodriguez were concerned about the potential for violence on campus. Since then, Boden has submitted a sworn statement that he was the sole decision-maker that day and Rodriguez was only acting on his direction. That day, the boys said their First Amendment rights were stripped.
Other LOHS students were seen wearing the colors of the Mexican flag on campus,Today we are going to be taking a look at the latest sneaker like that, this is the new tiffany1 in Black, Yellow and Orange. though were not asked to remove their clothing and no other students were sent home or asked to turn their clothing inside-out.
Superintendent Smith released a statement May 6 following a barrage of media reports saying that he nor the district condoned the decision made by Boden and that there is no policy prohibiting students from wearing patriotic clothing.
The parents of the boys who filed the suit are seeking nominal damages - mainly to correct what they say is too vague of a policy - against Boden and Rodriguez for violating their son's First and 14th Amendment rights, which Rodriguez reportedly called "incendiary" that day. Also, they are seeking "prospective" relief against MHUSD to insert a policy that is specific. The 1969 Supreme Court decision Tinker v. Des Moines Independent Community School District ruled that "it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the school house gate." This decision has been referenced in news reports and court documents related to the Live Oak incident.
On Feb. 7 before Ware, Cabrera argued that because Boden and Rodriguez are no longer employed at MHUSD, the possibility of this exact incident occurring again is impossible and so the prospective - or lasting - claim to change school policy should be dismissed.
The district's administration will not forever be employed, Becker said after the hearing, therefore there is an opportunity in the future for history to repeat itself. The plaintiffs want students' rights protected at MHUSD.
"What has happened, is the students' ability to express themselves, their rights, have been chilled," Becker said after exiting Ware's courtroom with Joy Jones and John Dariano.
The plaintiffs are John and Dianna Dariano, parents of Matt Dariano, 16; Kurt and Julie Ann Fagerstrom,asicsshoesyaplojp vests are very lightweight and easy to wear over thick clothing without limiting mobility. parents of Dominic Maciel, 15; and Kendall and Joy Jones on behalf of Daniel Galli, 16. They are co-represented by the Becker Law Firm in Los Angeles and the Thomas More Law Center in Ann Arbor, Mich.now most of the bags are PU leather is used, and what is already a very thin layer of glue on the cheapjersey.
The defendants: MHUSD, Boden and Rodriguez, are represented by Alyson Cabrera of Gordon & Rees LLP in San Francisco.
The lawsuit alleges that the students First Amendment and 14th Amendment rights were violated when LOHS administrators banned the students from wearing red, white and blue at school to subdue the potential for disruption or violence on campus.
Summarized in Judge Ware's order Thursday is the dichotomy of keeping students safe at school while also balancing their rights protected by the Constitution.
"Without free discourse, especially the right to express political views and to engage with our government institutions, our democracy is equally jeopardized. It is this fragile balance that the First Amendment doctrine addressing student's rights to free speech and free expression in public schools has recognized and warily navigated over the last 40 years. The case before the court requires the court to traverse this important legal territory," Ware's response reads.
The plaintiffs' attorney William Becker Jr. said by e-mail Friday that he was pleased.
"The court's decision recognizes the significance of the First Amendment issues at stake in this case. It allows us to move the case forward to the ultimate goal of vindicating the student's free speech rights," Becker wrote.
Attorney Alyson Cabrera is representing MHUSD, former principal Nick Boden - who in a court statement declared he was the "sole decision maker" that day - and former assistant principal Miguel Rodriguez who the plaintiffs allege ordered the boys to Boden's office to be reprimanded.
"Despite the court's ruling, we continue to believe that plaintiffs' prospective relief claims are moot. We appreciate Judge Ware's consideration of the issues however, and his acknowledgment that, 'without the ability to protect and foster a safe environment in our public schools, educational equity and the democratic pillar it provides could crumble.' As we move forward, we will continue to vigorously defend the district and the administrators in this action," Cabrera said Friday morning.
The defense argues that since the Morgan Hill Unified School District has no policy against wearing American-themed clothing there is no "live case or controversy," which is legally required to proceed with in court.
The defendants did find some small relief from the federal court when Ware granted a part of their motion to dismiss; he ruled that the legal guardians of the boys' Constitutional rights were not violated May 5, 2010. The parents of the boys claim that their rights were also violated when their sons' were asked to remove their red, white and blue clothing.
Ware wrote in his response that Matt Dariano, now a junior at LOHS, has "alleged sufficient facts to support an injury fairly traceable to defendants' allegedly unlawful conduct."
"In particular," Ware continues, "the complaint alleges that plaintiff was told by defendants to remove his shirt or go to the office, was detained in the Live Oak office for an extended period and was only hesitantly allowed to return to class. Further,They are the dream of a nike air max, any collector willing to pay any price, almost free from one of the great card jeansshopblog players. plaintiff remains enrolled in the district and is thus potentially subject to future enforcement of the challenged district policy," the document reads.
A case management conference is scheduled for 10 a.m. March 14 between the parties and Ware. This part of the process usually occurs after a lawsuit is filed to schedule deadlines and hearings, but before it goes to trial.
Ware heard the parties' arguments during their first court appearance Feb. 7 at the Northern District federal courthouse in downtown San Jose. Two of the plaintiffs, Joy Jones and John Dariano, and Superintendent Wes Smith attend the hearing. Neither spoke.
The suit was filed June 23 based on an incident May 5, 2010 on the campus of Live Oak High School when four male students were sent to then-principal Boden's office after "brunch break" that day, then sent home for refusing to remove American T-shirts and apparel after Boden and Rodriguez were concerned about the potential for violence on campus. Since then, Boden has submitted a sworn statement that he was the sole decision-maker that day and Rodriguez was only acting on his direction. That day, the boys said their First Amendment rights were stripped.
Other LOHS students were seen wearing the colors of the Mexican flag on campus,Today we are going to be taking a look at the latest sneaker like that, this is the new tiffany1 in Black, Yellow and Orange. though were not asked to remove their clothing and no other students were sent home or asked to turn their clothing inside-out.
Superintendent Smith released a statement May 6 following a barrage of media reports saying that he nor the district condoned the decision made by Boden and that there is no policy prohibiting students from wearing patriotic clothing.
The parents of the boys who filed the suit are seeking nominal damages - mainly to correct what they say is too vague of a policy - against Boden and Rodriguez for violating their son's First and 14th Amendment rights, which Rodriguez reportedly called "incendiary" that day. Also, they are seeking "prospective" relief against MHUSD to insert a policy that is specific. The 1969 Supreme Court decision Tinker v. Des Moines Independent Community School District ruled that "it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the school house gate." This decision has been referenced in news reports and court documents related to the Live Oak incident.
On Feb. 7 before Ware, Cabrera argued that because Boden and Rodriguez are no longer employed at MHUSD, the possibility of this exact incident occurring again is impossible and so the prospective - or lasting - claim to change school policy should be dismissed.
The district's administration will not forever be employed, Becker said after the hearing, therefore there is an opportunity in the future for history to repeat itself. The plaintiffs want students' rights protected at MHUSD.
"What has happened, is the students' ability to express themselves, their rights, have been chilled," Becker said after exiting Ware's courtroom with Joy Jones and John Dariano.
The plaintiffs are John and Dianna Dariano, parents of Matt Dariano, 16; Kurt and Julie Ann Fagerstrom,asicsshoesyaplojp vests are very lightweight and easy to wear over thick clothing without limiting mobility. parents of Dominic Maciel, 15; and Kendall and Joy Jones on behalf of Daniel Galli, 16. They are co-represented by the Becker Law Firm in Los Angeles and the Thomas More Law Center in Ann Arbor, Mich.now most of the bags are PU leather is used, and what is already a very thin layer of glue on the cheapjersey.
The defendants: MHUSD, Boden and Rodriguez, are represented by Alyson Cabrera of Gordon & Rees LLP in San Francisco.
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