ACLU FILES LAWSUIT AGAINST WATSON CHAPEL

By Ray King/OF THE COMMERCIAL STAFF

The American Civil Liberties Union made good on its promise to sue the Watson Chapel School District over its actions in suspending a number of students last week who were protesting the district’s uniform policies by wearing black armbands.

In a lawsuit filed in U.S. District Court at Little Rock on Tuesday, the ACLU claimed the district violated the free speech rights of students and asked the court to stop the district from suspending any more students for wearing the armbands.

The court was also asked to order Watson Chapel to remove any disciplinary records on the suspended students, allow them to make up any work lost as a result of the suspensions and permit the students to participate in clubs or extracurricular activities which had been taken away because of the suspensions.

“How do we explain the meaning of the American Revolution to students when we tell them they can’t disagree with authorities, in the most peaceful, lawful, constitutionally protected way, because rules are rules,” Rita Sklar, executive director of the ACLU in Arkansas, said. “Hopefully students and school officials alike are getting the civics lesson of their lives, that people have rights and the right to fight for them.”

The lawsuit was filed on behalf of three students, Chris Lowry, 15; Colton Dougan, 14; and Michael Joseph, 16, and their parents against the district, Superintendent Danny Knight in both his individual and official capacities, and the seven school board directors individually and in their individual capacities.

“State operated schools may not be enclaves of totalitarianism,” the petition by ACLU attorney Holly Dickson said. “School officials do not possess absolute authority over their students. Students cannot be confined to the expression of those sentiments that are officially approved.”

According to the complaint, the three students were among others who wore black armbands to school Friday to protest the district’s uniform policy and the way it was being enforced.

That policy prohibits wearing any item “on or over any part of the uniform, except the school name, school logo or school insignia.”

“Lowry, Dougan and Joseph wore the armbands only on their arms, and not over any part of the school uniform,” the court filing said. “The wearing of the armbands did not violate the uniform policy.”

The three students were among a group that included at least six high school students who were disciplined, with four being suspended, and at least 25 junior high students who were disciplined, with 16 of them receiving suspensions. At least two elementary students were told to remove their armbands.

Sklar said the U.S. Supreme Court has ruled the First Amendment gives students the right to wear armbands on school property.

The ACLU cited a 1969 case that held school officials could not ban students from wearing black armbands to protest the Vietnam War “because school officials had an urgent wish to avoid the controversy which might result from the expression.”

“The student plaintiffs have a clearly established right under the First Amendment to express themselves in an armband protest,” the court filing said. “Wearing political messages to protest government policies or express one’s point of view by use of armbands, political buttons, logos and choice of clothing are all forms of student speech protected by the First Amendment.”

In seeking to halt the disciplinary actions and remove them from student records, the court filing said the requested injunction would not affect the district.

“The only potential harm to the defendants is that they will know the students disagree with their policy,” Dickson contended. “The requested injunction will ensure that the time-honored students’ rights to free expression are protected, and that they will not be subject to discipline for exercising those rights until the other issues in the case can be resolved.”

Watson Chapel Superintendent Danny Knight referred all questions about the lawsuit to Pine Bluff attorney Mike Dennis, who said. “We believe the district’s actions comply with the law, and, ultimately, we hope to be successful.”