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Student suspended over anti-gay shirt.

Z

Zysoclaplem

Diamond Member
Ruling in lawsuit over anti-gay shirt appealed


By: TERI FIGUEROA - Staff Writer

Attorneys for a local student who sued his school district after being suspended for wearing an anti-gay shirt to school said Monday that they are asking a federal appeals court to overturn a lower-court ruling this month that allows the Poway Unified School District to bar students from wearing on their clothing any statements that the district deems offensive.

The attorneys want the federal 9th Circuit of Appeals to impose an injunction that a lower court denied.

The student, Tyler Chase Harper, is asking the appeals court to make the school district stop doing what his attorneys said was a selective ban on religious freedom.

The civil suit, filed in June, alleges that officials at Poway High School violated the teenager's free-speech rights in April when they suspended him for writing anti-gay statements and biblical references on masking tape and placing the tape on his shirt.

The boy's attorneys filed their notice of appeal less than a week after they amended their original complaint to include the boy's younger sister in the suit. Kelsie K. Harper, 14, is now a freshman at the high school.

The plaintiffs' attorneys argue that Kelsie and other students at the school are barred from engaging in the same conduct that Chase was suspended for, conduct they argue is protected by the first amendment.

Jack M. Sleeth, the attorney for Poway Unified School District, said he was surprised by the addition of Kelsie to the suit, an issue which he said "unnecessarily complicates the legal landscape."

"I would like to get to the simple issue of what is the responsibility of the school administration to take care of the kids," Sleeth said. "We have students who are gay and are offended (by the message on Chase's T-shirt) and some who are Christians who would like to wear this."

The school district, he said, gets stuck in the middle.

Robert Tyler, the lead attorney for the boy, was out of town and unavailable for comment. Other attorneys on the plaintiff team referred questions to Tyler.

The message the boy wore taped to his shirt included the phrase,"Homosexuality is shameful." It also included a reference to a Bible verse.

He wore the message on the day that a campus group staged an event to protest harassment of homosexuals, bisexuals and transgendered students. The next day, when he wore a similar message, a teacher pulled him out of class. Chase was subsequently suspended.

Chase's attorneys argued to the judge that Chase's religious beliefs compelled him to warn his classmates of the biblical stance on homosexuality.

Sleeth, on behalf of the district, argued that schools are allowed to restrict speech that is offensive or would reasonably lead to disruption.

Sleeth also argued that the state mandates schools to teach tolerance and prevent harassment, and that the message on the shirt "sweepingly berates an entire class of persons."

Three weeks ago, U.S. District Judge John A. Houston ruled that the suit could move forward on constitutional grounds that include freedoms of speech and religious exercise.

But Houston tossed part of the suit, including claims the boy, who goes by Chase, was denied equal protection under the law and that the school's policies were vague.
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Mixed feelings on this one. I wouldn't be too offended by some idiot wearing a shirt like this, it's obviously a cry for attention. But that doesn't make it right.

 
Originally posted by: Zysoclaplem
Ruling in lawsuit over anti-gay shirt appealed


By: TERI FIGUEROA - Staff Writer

Attorneys for a local student who sued his school district after being suspended for wearing an anti-gay shirt to school said Monday that they are asking a federal appeals court to overturn a lower-court ruling this month that allows the Poway Unified School District to bar students from wearing on their clothing any statements that the district deems offensive.

The attorneys want the federal 9th Circuit of Appeals to impose an injunction that a lower court denied.

The student, Tyler Chase Harper, is asking the appeals court to make the school district stop doing what his attorneys said was a selective ban on religious freedom.

The civil suit, filed in June, alleges that officials at Poway High School violated the teenager's free-speech rights in April when they suspended him for writing anti-gay statements and biblical references on masking tape and placing the tape on his shirt.

The boy's attorneys filed their notice of appeal less than a week after they amended their original complaint to include the boy's younger sister in the suit. Kelsie K. Harper, 14, is now a freshman at the high school.

The plaintiffs' attorneys argue that Kelsie and other students at the school are barred from engaging in the same conduct that Chase was suspended for, conduct they argue is protected by the first amendment.

Jack M. Sleeth, the attorney for Poway Unified School District, said he was surprised by the addition of Kelsie to the suit, an issue which he said "unnecessarily complicates the legal landscape."

"I would like to get to the simple issue of what is the responsibility of the school administration to take care of the kids," Sleeth said. "We have students who are gay and are offended (by the message on Chase's T-shirt) and some who are Christians who would like to wear this."

The school district, he said, gets stuck in the middle.

Robert Tyler, the lead attorney for the boy, was out of town and unavailable for comment. Other attorneys on the plaintiff team referred questions to Tyler.

The message the boy wore taped to his shirt included the phrase,"Homosexuality is shameful." It also included a reference to a Bible verse.

He wore the message on the day that a campus group staged an event to protest harassment of homosexuals, bisexuals and transgendered students. The next day, when he wore a similar message, a teacher pulled him out of class. Chase was subsequently suspended.

Chase's attorneys argued to the judge that Chase's religious beliefs compelled him to warn his classmates of the biblical stance on homosexuality.

Sleeth, on behalf of the district, argued that schools are allowed to restrict speech that is offensive or would reasonably lead to disruption.

Sleeth also argued that the state mandates schools to teach tolerance and prevent harassment, and that the message on the shirt "sweepingly berates an entire class of persons."

Three weeks ago, U.S. District Judge John A. Houston ruled that the suit could move forward on constitutional grounds that include freedoms of speech and religious exercise.

But Houston tossed part of the suit, including claims the boy, who goes by Chase, was denied equal protection under the law and that the school's policies were vague.
Click to expand...



Mixed feelings on this one. I wouldn't be too offended by some idiot wearing a shirt like this, it's obviously a cry for attention. But that doesn't make it right.
Click to expand...

It is obviously a cry for people to quit being gay.
 
Originally posted by: BAMAVOO
Originally posted by: Zysoclaplem
Ruling in lawsuit over anti-gay shirt appealed


By: TERI FIGUEROA - Staff Writer

Attorneys for a local student who sued his school district after being suspended for wearing an anti-gay shirt to school said Monday that they are asking a federal appeals court to overturn a lower-court ruling this month that allows the Poway Unified School District to bar students from wearing on their clothing any statements that the district deems offensive.

The attorneys want the federal 9th Circuit of Appeals to impose an injunction that a lower court denied.

The student, Tyler Chase Harper, is asking the appeals court to make the school district stop doing what his attorneys said was a selective ban on religious freedom.

The civil suit, filed in June, alleges that officials at Poway High School violated the teenager's free-speech rights in April when they suspended him for writing anti-gay statements and biblical references on masking tape and placing the tape on his shirt.

The boy's attorneys filed their notice of appeal less than a week after they amended their original complaint to include the boy's younger sister in the suit. Kelsie K. Harper, 14, is now a freshman at the high school.

The plaintiffs' attorneys argue that Kelsie and other students at the school are barred from engaging in the same conduct that Chase was suspended for, conduct they argue is protected by the first amendment.

Jack M. Sleeth, the attorney for Poway Unified School District, said he was surprised by the addition of Kelsie to the suit, an issue which he said "unnecessarily complicates the legal landscape."

"I would like to get to the simple issue of what is the responsibility of the school administration to take care of the kids," Sleeth said. "We have students who are gay and are offended (by the message on Chase's T-shirt) and some who are Christians who would like to wear this."

The school district, he said, gets stuck in the middle.

Robert Tyler, the lead attorney for the boy, was out of town and unavailable for comment. Other attorneys on the plaintiff team referred questions to Tyler.

The message the boy wore taped to his shirt included the phrase,"Homosexuality is shameful." It also included a reference to a Bible verse.

He wore the message on the day that a campus group staged an event to protest harassment of homosexuals, bisexuals and transgendered students. The next day, when he wore a similar message, a teacher pulled him out of class. Chase was subsequently suspended.

Chase's attorneys argued to the judge that Chase's religious beliefs compelled him to warn his classmates of the biblical stance on homosexuality.

Sleeth, on behalf of the district, argued that schools are allowed to restrict speech that is offensive or would reasonably lead to disruption.

Sleeth also argued that the state mandates schools to teach tolerance and prevent harassment, and that the message on the shirt "sweepingly berates an entire class of persons."

Three weeks ago, U.S. District Judge John A. Houston ruled that the suit could move forward on constitutional grounds that include freedoms of speech and religious exercise.

But Houston tossed part of the suit, including claims the boy, who goes by Chase, was denied equal protection under the law and that the school's policies were vague.
Click to expand...



Mixed feelings on this one. I wouldn't be too offended by some idiot wearing a shirt like this, it's obviously a cry for attention. But that doesn't make it right.
Click to expand...

It is obviously a cry for people to quit being gay.
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Nah. He was out for the shock value and the attention. There is no other reason to display it like that.
 
Originally posted by: amdfanboy
Let him wear the damn shirt, but also let people wear "pro" shits too.
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I've got no problem with it, but I don't think he should be allowed to wear it because of the door in opens to other sensitive comments.
 
Originally posted by: amdfanboy
Let him wear the damn shirt, but also let people wear "pro" shits too.
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yes, i like wearing shits. hmm... and this had to happen at my brother's high school.
 
Originally posted by: amdfanboy
Let him wear the damn shirt, but also let people wear "pro" shits too.
Click to expand...

Then that will start down the slope that any type of political type statement is acceptable.
from that point, then gang supported items can be introduced as a part of policiatl free speech.

Now, the exact problem that the rule was implimented has been circumvented.

The parents are trying to get extra attention to their politcal cause and using the kid as a ameans.

 
The school has a right to enforce a dress code. Certainly the shirt was in bad taste.

But similarly, I would hope the school would also prohibit something that says "Gay Pride" or a similar message.
 
Originally posted by: Gen Stonewall
The school has a right to enforce a dress code. Certainly the shirt was in bad taste.

But similarly, I would hope the school would also prohibit something that says "Gay Pride" or a similar message.
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that's why all public schools should have a uniform policy. it certainly would have helped when i was growing up. it also doesn't hurt those asian children in japan, china, or taiwan.
 
People should be able to expess them selves. I went to a school where everyone had to wear a stupid shirt with a collar that was the same color and it was really boring. If people can spout pro gay agendas then an Anti-Gay Agenda should be just as valid.

From a religious perspective, they are just expressing their beliefs, and those that support gays are just proliferating an atmosphere where immorality can thrive.

I dont agree with wearing an anti-gay shirt any more than a KKK shirt or a gang outfit. Where is the diversity? Where is the respect for the Non-Gay Rights. He should file a civil law suit claiming his civil rights have been violated. If he cant wear a shirt with a political saying or an idea then no shirts with any kind of a message, or logo should be allowed.
 
Originally posted by: Gen Stonewall
The school has a right to enforce a dress code. Certainly the shirt was in bad taste.

But similarly, I would hope the school would also prohibit something that says "Gay Pride" or a similar message.
Click to expand...

Don't you mean you hope they would prohibit a shirt that says something like "America Foreign Policy: Killing in the name of Jesus"? (I certainly hope such a message would not be tolerated)

Surely you can see the difference between a message intended to attack another group, and one intended to support a group; just like there is a world of difference between a T-shirt that says "I'm pro-life" and one that says "Down with Baby-killers".

Apples to apples, please.

Originally posted by: piasabird
People should be able to expess them selves. I went to a school where everyone had to wear a stupid shirt with a collar that was the same color and it was really boring. If people can spout pro gay agendas then an Anti-Gay Agenda should be just as valid.

From a religious perspective, they are just expressing their beliefs, and those that support gays are just proliferating an atmosphere where immorality can thrive.

I dont agree with wearing an anti-gay shirt any more than a KKK shirt or a gang outfit. Where is the diversity? Where is the respect for the Non-Gay Rights. He should file a civil law suit claiming his civil rights have been violated. If he cant wear a shirt with a political saying or an idea then no shirts with any kind of a message, or logo should be allowed.
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It's a fine line - a shirt that encourages people to be heterosexual would probably be okay (though I think misguided in its implied judgement about the origin of sexual preferences); this one is clearly meant to attack people who are gay, and create an environment that says clearly "you are not welcome in my world".
 
Kids need to be in school to learn and not make statements. They also should not be having pro gay rallies in a school. That is what is the cause of this problem right there.
 
Originally posted by: ATIuser
Kids need to be in school to learn and not make statements. They also should not be having pro gay rallies in a school. That is what is the cause of this problem right there.
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true. instead we should be burning effigies of the other schools' mascots during pep rallies.
 
Originally posted by: ATIuser
Kids need to be in school to learn and not make statements.
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I was agreeing with everything up until there.

They also should not be having pro gay rallies in a school.
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A bit mixed on this one, but I could let it slide.

That is what is the cause of this problem right there.
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Based on your previous posts, I'm not even going to dignify that sentence with a response.


 
Originally posted by: JustAnAverageGuy
Originally posted by: ATIuser
Kids need to be in school to learn and not make statements.
Click to expand...

I was agreeing with everything up until there.

They also should not be having pro gay rallies in a school.
Click to expand...

A bit mixed on this one, but I could let it slide.

That is what is the cause of this problem right there.
Click to expand...

Based on your previous posts, I'm not even going to dignify that sentence with a response.
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pfft. My post doesn't tie in with your liberal agenda. Not a big surprise. I doubt if we have the same opinion about anything. I know plenty of liberals who disagree with me on every thing big and small even down to which restaurant makes the best freedom fries.
 
Originally posted by: ATIuser
pfft. My post doesn't tie in with your liberal agenda. Not a big surprise. I doubt if we have the same opinion about anything. I know plenty of liberals who disagree with me on every thing big and small even down to which restaurant makes the best freedom fries.
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You still haven't offered any justification for why 'gay-day' and not the student or possibly his parents are the source of this incident.
 
Originally posted by: 3chordcharlie
Don't you mean you hope they would prohibit a shirt that says something like "America Foreign Policy: Killing in the name of Jesus"? (I certainly hope such a message would not be tolerated)

Surely you can see the difference between a message intended to attack another group, and one intended to support a group; just like there is a world of difference between a T-shirt that says "I'm pro-life" and one that says "Down with Baby-killers".

Apples to apples, please.
Click to expand...
Exactly.

If he had worn a shirt that said "Straight pride!" I could see his argument
 
Originally posted by: 3chordcharlie
Originally posted by: ATIuser
pfft. My post doesn't tie in with your liberal agenda. Not a big surprise. I doubt if we have the same opinion about anything. I know plenty of liberals who disagree with me on every thing big and small even down to which restaurant makes the best freedom fries.
Click to expand...

You still haven't offered any justification for why 'gay-day' and not the student or possibly his parents are the source of this incident.
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Because the school is allowing a pro homosexuality group to spread their message and not giving an anti homosexuality group equal time to spread their message. So the student who is being censored from showing his anti homosexuality beliefs is forced to act out.
 
If they are allowed to wear Pro Gays Shirts like"Bush Sucks" they should be allowed to wear Anti Gay Shirts. However if they are not allowed to wear Pro Gay Shirts like the afore mentioned then they shouldn't be allowed to wear Anti Gay shirts.
 
Originally posted by: ATIuser
Because the school is allowing a pro homosexuality group to spread their message and not giving an anti homosexuality group equal time to spread their message. So the student who is being censored from showing his anti homosexuality beliefs is forced to act out.
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Apples to apples please - if you want a pro-family group, or a pro-hetero group, maybe you can make an argument. Of course you won't have the force of historical discrimination as a drive for your demonstration's legitimacy, but you might still make a convincing case for a t-shirt that says 'go forth and multiply'.
 
Why are there events at school to protest the harassment of homosexuals, bisexuals and transgendered students anyway? Does this means it's okay to harrass blacks, Jews, Indians, fat people, etc? Why not condemn harrassment in all it's forms?

If schools are going to stage events like this, they should expect the reaction displayed by the aforementioned student.
 
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