ACLU Wins Winne-the-Pooh Dress Code Case Against California School District

According to the American Civil Liberty Union, a Northern California judge has blocked a school's strict dress code that prevented student Toni Kay Scott from wearing Winnie the Pooh socks. The original lawsuit was filed by the ACLU of Northern California against the Napa Valley Unified School District and the school, Redwood Middle School.

The suit was filed March 19 in response to Redwood Middle School's dress code, which only allowed students to wear solid-color clothes. No pictures, logos, or patterns are allowed. The ACLU says that this violates students' rights to freedom of expression. Examples given in the press release, were the plaintiff's Winnie the Pooh socks, a breast cancer awareness pin, shirts that say "Jesus Freak," or feature the D.A.R.E logo and slogan.

Plaintiff Tonii Kay Scott had to attend a school-provided program called Students With Attitude Problems because of her Winnie the Pooh socks. Donnell Scott, Toni's mother, said, "we're ecstatic that the court recognizes our kids' rights to express themselves at school. I'm only sorry the school district didn't respond to our concerns when we raised them two years ago."

A hearing in the case was held on May 23 by Napa Superior Court Judge Raymond Gaudagni, and the court granted the families' motion to stop the school from enforcing the dress code.

In response to the granting of the motion, the ACLU of Northern California's attorney said, "The court's decision supports our view that Redwood Middle School's uniform dress code policy violates not only the students' First Amendment rights, but also California state law rights of students and their parents."

Judge Gaudagni cited Morse v. Frederick, saying that minor student expression, such as the example listed above, are protected as long as they do not "materially and substantially disrupt the work and discipline of the school."

The press release, makes it clear that the American Civil Liberty Union of Northern California agrees with the decision of the judge. Sharon L. O'Grady, an ACLU attorney, is quoted as saying, "We believe the court's decision was thoughtful and well-reasoned. We are pleased that the court agreed with each of the arguments we made in support of our request for an injunction."

As a result of the case, the students' parents have the choice to opt out of the dress code program, known as the Appropriate Attire Policy.

Dress codes have historically been a tricky subject. Personnel Policy Services Inc. lists many challenges that can arise when a dress code is applied in a work place or school, with examples of sexual and racial discrimination as well as tattoos and body piercing.

Sources:
http://www.aclu.com/freespeech/youth/30361prs20070705.html
http://www.ppspublishers.com/biz/dresscode.htm