The parents of three of the boys sent home on Cinco de Mayo for
wearing patriotic-themed clothing are sending the wrong message and
keeping the unsavory light of racism shining brightly on Morgan
Hill.
The parents of three of the boys sent home on Cinco de Mayo for wearing patriotic-themed clothing are sending the wrong message and keeping the unsavory light of racism shining brightly on Morgan Hill.
The lawsuit “seeks nominal damages” said their attorney William J. Becker Jr., which is symbolic and would change the school district policy to formally protect the freedom of expression. It also asks the school district to pay for any attorney’s related fees. The plaintiffs are not seeking monetary damages or an apology.
The district already has a policy. It does not prevent students from wearing red, white and blue. “It’s important to understand that this was never about whether the students were allowed to wear patriotic clothing on our campuses,” Superintendent Wes Smith said. “They can. It was about ensuring that our high school campus was orderly and safe. In this situation, it appears that a decision was made too quickly.”
Becker said the plaintiffs believe a “permanent remedy is necessary to foreclose the school district’s ability to draft and implement speech policies that run afoul of the Constitution.” He said an agreement, such as one done informally between the parents and district officials would leave open the possibility that a negotiated policy can be modified in the future. Sure it can, but so can a judge’s decision be overturned.
The wearing of the red, white and blue, while within their rights, was done to send a message to the Hispanic population, as were the verbal taunts being thrown – yes, from both sides. The boys, and their parents, knew wearing the clothing they did would result in some sort of backlash.
Peter Scheer, the executive director of the First Amendment Coalition, said he was surprised that a lawsuit was filed, “given that the school administration in this case appeared to come to their senses very quickly and acknowledge they made the mistake.”
So the message sent: Take the easy way out and let the lawyers do the work. Smith offered an apology May 7 and asked to meet with the boys and their parents to discuss the matter. The adult thing to do would have been to accept the apology and work together. They declined, already talking to lawyers.
Instead, the national media will again highlight Morgan Hill as the suit makes its way through the system, a process that could take years. It is a waste of money and time, and something that should have been settled locally, like adults.
That would be the correct message.
