School bans BLM apparel but not the Confederate flag, Georgia students say in lawsuit

Three high school students are suing their school district in southeastern Georgia, saying the dress code bans Black Lives Matter apparel because it’s “disruptive and controversial” while clothing featuring the Confederate flag is allowed.

The lawsuit, filed in federal court on Jan. 5, argues the Effingham County School District’s ban on Black Lives Matter messaging is an “obvious” example of how it discriminates against certain viewpoints in violation of the students’ freedom of speech.

The teenagers, who are Black, say the school district allows the Confederate flag because they don’t consider it “disruptive,” saying it’s a matter of pride and considered “heritage not hate,” according to a complaint filed on their behalf by their mothers.

With the lawsuit, the students say they’re challenging “deliberate indifference to acts of racial animosity toward Black students” at Effingham County High School and Effingham College & Career Academy as well as inconsistencies in school policies, including dress code enforcement.

School district superintendent Yancy Ford and several school board members were named as defendants in the complaint.

Ford told McClatchy News in a statement on Jan. 12 that “neither the school district nor other named defendants have been served with the lawsuit at this time.”

“Once we have been served, a response to the allegations will be filed in accordance with the rules and procedures of the court,” Ford added.

Among the unnamed trio of students suing the school district, two attend Effingham County High School and the other attends Effingham College and Career Academy.

Student wearing BLM shirt not allowed to attend school football game

Students attending Effingham County Schools must wear school uniforms on most days unless a ”dress down” day is designated, according to its student parent handbook.

When it comes to “supplemental wear,” such as jackets or other garments, the dress code policy states that “wearing or displaying expressive items on the uniform that may contribute to disruption by substantially interfering with discipline or with the rights of others” is prohibited.

The student’s lawsuit argues these rules are “vague” and have been “interpreted and enforced (by administrators) to exclude ‘Black Lives Matter’ but not Confederate flag attire,” which a handful of white students consistently wear, the complaint states.

Black Lives Matter refers to a global civil rights movement that opposes racial injustice and violence against Black people, according to the Associated Press, as well as to official Black Lives Matter organizations.

According to the lawsuit, a Black student, who isn’t involved in the case, wasn’t allowed to enter a school football game because of her Black Lives Matter shirt.

However, a white student was allowed at the same game wearing a shirt saying “Stomp on My Flag; I’ll Stomp Your A--,” the complaint states.

Students say the school is indifferent to racial animosity

The students who filed the lawsuit argue that they’ve voiced concerns about racial animosity within the school district to officials “to no avail.”

Some of these instances have even made the local news, according to the complaint.

This includes how the killing of George Floyd, a Black man who died when a white police officer in Minneapolis pressed his knee into Floyd’s neck for more than 9 minutes, was reenacted at the school in 2020 and shared to social media, the complaint states.

One of the student plaintiffs witnessed this and complained, resulting in suspensions for those involved, according to the lawsuit. However, she faced harassment and threats from the students who were suspended, the complaint states. After she reported this retaliation, the lawsuit maintains “no action was taken” by school officials.

A July 2021 article published by the Savannah Morning News details racial bias concerns expressed by Black students within Effingham County Schools, including how one student publicly expressed concerns of other students mocking George Floyd’s death on social media in September 2020.

School district accused of ‘flagrant viewpoint discrimination’

In addition to the ban on Black Lives Matter apparel, the lawsuit argues that another example of the school district’s “flagrant viewpoint discrimination came into acute focus” during Spirit Week in September 2022.

During that week, a white male student is said to have worn an Adolf Hitler costume on a “hero vs. villain” themed day “without any repercussions” even though Black students complained about it, according to the complaint.

A teacher is accused of approving this outfit.

Ultimately, the three Georgia students are suing the school district on three counts, including denial of equal protection and infringement on free speech in violation of the U.S. Constitution and race discrimination in violation of Title VI of the Civil Rights Act of 1964. They are demanding a trial by jury in the case.

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