Pro Life T-Shirt Wins in Federal Lawsuit
In US District Court, a judge ruled against McSwain Union Elementary School in Merced, CA. The lawsuit against the school was filed on behalf of Tiffany Amador, by her mother Anna Amador. In 2008 an incident involving the then sixth grader resulted in the school requiring the student to take off a pro life t-shirt. The judge ruled that the school and three officials from the school violated the student's rights, including violations to the First, Fourth and the Fourteenth Amendment.
The case was scheduled to go to trial later this month, but the school settled the claim for $50,000, without admitting any wrong doing in the case.
The T-shirt in the case portrayed several pictures of an unborn fetus in the womb, with the word "Abortion" written in capital letters across the top of the shirt. The first two pictures on the shirt portrayed an unborn child through sonographic images. The final square was black, with the word "gone" under it. The school stated that the t-shirt violated the school's dress code.
According to the lawsuit, the student was required by a staff member to throw away her lunch and immediately report to the main office of the school. Then, according to the lawsuit, another school official grabbed the student by the arm and forcibly took her to another official's office. She was then ordered to remove her t-shirt and to never wear it again.
The Amadors’ attorney stated that the school had done the right thing by avoiding a trial and by allowing the judgment to be entered. According to the attorney, "Student speech at all grade levels is protected by the First Amendment. With few exemptions, such as profanity and lewdness, the Constitution prohibits school officials from picking and choosing what messages they find acceptable."
The school has since revised its dress code. The new code takes effect in the coming school year and it prohibits students from where any clothing with text or graphics, except for small school logos.
Farzad and Lisa Tabari are independent, online auto brokers in Southern California who formerly used the domain names “buy-a-lexus.com” and “buyorleaselexus.com”. Toyota Motor Sales USA filed a trademark infringement lawsuit against the Tabaris. Toyota also sought an injunction to prevent use of the Lexus mark.
The Liberty Counsel, a nonprofit litigation and policy organization filed the suit. The group states that the district school board of Collier County allowed a group called the World Changers to distribute the Bibles each year, during off school hours on that day. The group says that the school board changed its policy and no longer believes that the Bibles offer any educational benefit to students and therefore should be banned.
According to the director of communications for the school, Ken Jones, the employee involved in the charges was terminated and the child was never arrested. However, attorneys say that the methods of punishing students at the school crossed the line.
The judge in the case, Judge Stefan Underhill, further needs to determine if the school manipulated the size of its rosters on other teams to ensure that it meet the requirements of Title IX, a federal law established in 1972 that requires all schools to offer equal options for men and women in athletics. The judge has ruled that the lawsuit should be a class action suit for all current and future female athletes at the school. The trial will go to US District Court in Bridgeport for a decision.
In 2008, a similar case was brought before the court against Huntington Schools, where the judge ruled against the schools allowing religious activities on the grounds. In that case, the American Civil Liberties Union was issued a preliminary injunction.
While the emails might be annoying, the California Supreme Court ruled this week that they were not spam, and did not violate California law.
The three students, Matthew Jacobsen, Lisa Ferguson and Lee Lank were accused, along with two other students, of stealing $100 from a student's purse in the girl's locker room. The lawsuit states that the then assistant principal and athletic director, Paul Croghan ordered the guidance counselor Heather Turpin to strip search a total of five female students. Croghan waited in the adjacent room while the counselor made the girls remove their clothing, one at a time, to various degrees. No money was discovered on them at that time.
More information on that decision may be found
The teacher, Faith Kramer, was expelled for eight months for allowing the students to discuss sex openly in the classroom. Kramer has 26 years of experience in the teaching field. She held tenure at the school. Parents were outraged when they learned that the teacher had allowed such a conversation to take place. The school district required her to sit out eight months of teaching in one of the infamous "
The student, 18 year old Aaron Merkey, was suspended in March through the end of the school year. According to the school district, he sent a pornographic image to a female student through his cell phone. The lawsuit the student has filed claims that the school district’s punishment was too harsh and that his rights of due process were violated because of the disciplinary actions taken. Eight school board members, the superintendent and the principal are named as defendants in the case.