3 p.m. UPDATE: Tigger clothing ban causes family to sue school district

By DAVID RYAN
Register Staff Writer

No Jesus — or Tigger — allowed.

The American Civil Liberties Union filed a lawsuit against Napa Valley Unified School District Tuesday, claiming Redwood Middle School’s no logo, no words school dress policy violates state law by being so strict it functions as a school uniform.

Two students represented in the lawsuit were pulled out of class and cited, one for wearing a shirt that said “Jesus Freak” and the other for wearing socks with the Winnie-the-Pooh character Tigger on them.

“They’re enforcing a ‘school uniform’ in the guise of a ‘dress code’ and that’s in violation of the California Education Code,” Sharon O’Grady, a San Francisco-based attorney suing the school on behalf of the ACLU and a group of Redwood Middle School parents said in a statement.

Redwood Middle School Principal Mike Pearson said the school had no immediate comment on the lawsuit, filed Monday in Napa County Superior Court.

“We have not been served and we don’t have a comment at this point,” he said.

Redwood Middle School’s dress policy allows only solid color clothes in white, green, blue, khaki, yellow, black, brown and gray in cloth that is cotton twill, corduroy or chino — no denim.

The long-standing policy caused controversy in 2005 when a small group of parents raised objections to the fact that the policy excluded denim.

In letter to the community, Redwood Middle School Faculty said the dress policy went into effect as a response to fights that broke out at school. They said they believed the policy had a hand in reducing confrontations among students and raising test scores.

“In case after case, federal courts have reaffirmed schools’ rights to implement dress policies that create safer environments for their students,” the Sept. 04, 2005 letter said.

The ACLU lawsuit was filed in county civil court, a unusual venue for an issue that the plaintiffs like 14-year-old Tony Kay Scott, one of the girls cited for violating the dress code, say is essentially about freedom of expression.

“Kids who want to express their opinions or ideas aren’t hurting anyone,” she said in a statement through the ACLU.

Court records show the two sides are scheduled to meet in court in August.

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