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Judge skeptical of Redwood dress code
Preliminary ruling in ‘Tigger’ case favors families seeking to topple Napa school’s clothing restrictions
Tuesday, July 03, 2007
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Students seeking to knock out Redwood Middle School’s strict dress code won the first round Monday, when Napa County Superior Court Judge Raymond Guadagni ruled the students and their families “established a substantial likelihood” of winning their constitutional challenge to the code.

A group of 15 students and parents filed a lawsuit in March with the help of the American Civil Liberties Union, arguing the Napa middle school’s dress code — which bans denim, clothes with logos, stripes and articles of certain colors — violates First Amendment rights and the state educational code. The dress code is the strictest in the Napa Valley Unified School District.
The case has gained worldwide notoriety, in part because one of the students in the lawsuit charged she was disciplined for wearing socks with the Disney character Tigger from Winnie the Pooh stitched on them.

Donnell Scott, a parent of two students suing the NVUSD over the dress code, said she was elated.
“This is a public school and we the people are the public,” she said. “The students have rights and those rights need to be heard.”

The code allows only solid colors in blue, white, green, yellow, khaki, gray brown and black. It bans sweat pants and jeans with only chino, corduroy or cotton twill permitted. It was created by a group of parents and school officials in the late 1990s to address concerns about gang activity on campus.
Sally Jensen Dutcher, a school district lawyer, released a statement saying the district is “reviewing the decision and evaluating the next steps.”

Thomas Loran III, the American Civil Liberties Union lawyer who argued the preliminary motion in front of Guadagni May 23, said the ruling gives him confidence the ultimate outcome of the case will favor the families.

“While I do find that it’s a non-final determination, it’s a strong indicator,” he said.

Guadagni’s ruling said there is no harm in leaving the code in place during the litigation, but still said in his view the code is overly restrictive in its efforts to address gang or discipline problems.

Guadagni cited evidence the dress code prohibited students from wearing breast cancer awareness ribbons and a heart sticker on Valentine’s Day. In his ruling, Guadagni cited a June 25 U.S. Supreme Court decision upholding the suspension of a student for displaying a banner reading “Bong Hits 4 Jesus.”

Even in that case, Guadagni wrote, the U.S. Supreme Court did not stray from the principle that students do not shed their constitutional rights when they enter the school campus.

In that instance, the U.S. Supreme Court held the school was within its right to punish a student for promoting illegal drug use.

Guadagni found Redwood Middle School did not have similar ground to stand on with banning religious speech, cancer awareness ribbons and Disney characters.

Guadagni wrote that he understood the broad reach of the policy was to hinder gang-related clothing and symbols and to quickly identify people who are intruding on campus.

“That this has happened only once, and without any showing that the boys from another school had any gang affiliations, suggests that the policy is not tailored to meet defendants’ legitimate gang-prevention concerns,” the ruling reads.

At the May 23 court hearing, school district lawyers said a preliminary injunction would cause chaos at the school, but in waiting for summer vacation to issue his ruling, Guadagni said the district could supply no evidence to show it would likely be harmed in the same way during the summer break.

Under the law, the plaintiffs now have to put up a $10,000 bond in the event they both lose the case and that the defendants prove they were harmed by the preliminary injunction.

“We’re going to be filing a bond to ensure that the injunction is binding and forceful,” Loran said.
20 comment(s)

mominapa wrote on Jul 3, 2007 7:37 AM:

" Well, finally the voice of reason. The judge is right. This dress code is over-restrictive and is not doing the job it was intended to do. Gang violence will not be stopped by clothing, but look what other issues this has caused. I stand by all my other statements that dress code should be based on decency, not the gang issue or the personal likes and dislikes of administrators. I doubt seriously that Tigger socks or stripes have ever caused serious illness or death. Short of that, what's the harm in personal expression? Let the kids wear jeans and colors - lots and lots of colors. It is good for the sensitivities and artistic expression. Redwood must be a very monochromatic, depressing place. When I went there (back in the dark ages) we were encouraged to express ourselves with color. Girls still couldn't even wear pants, but we still were able to knock a few eyeballs out with some nice looking dresses and shirts, etc. Let kids be kids and discover themselves through style and fashion and art and music - don't stifle their expressions or we will have the same kind of world as in Orwell's 1984 - no color and Big Brother watching all of us. "

5 kids through RMS wrote on Jul 3, 2007 11:33 AM:

" I would like to know if there is any data that shows Redwood to have less violence (suspensions, etc.) or gang related activity than Silverado or Harvest. Maybe the dress code is working! My children all went to Redwood, and what a surprise - they survived the dress code! I think it should be district wide. "

AmCyn mom wrote on Jul 3, 2007 1:22 PM:

" Our middle school in Am Cyn does not allow any characters and limits size of logos to one inch. I feel that this is a good policy and the rest of the NVUSD, including Redwood MS should be all on the same dress code. Why should one school have such a strict dress code, do they feel that is the only school that could be affected by gang activity? Thats like saying kids with gang affiliation only live in one area of Napa, and don't live any where else in the school district. "

CD wrote on Jul 3, 2007 2:19 PM:

" Do you really think that clothing restrictions will really solve the gang related problems? Time an energy should be invested in real solutions that start with home and community "

napadude wrote on Jul 3, 2007 2:45 PM:

" This was a lawsuit waiting to happen. Now it's happened. Someone should be fired for implementing it. "

Choose Your Battles wrote on Jul 3, 2007 5:12 PM:

" The admin could have made a much better statement with something ohter then Winnie The Pooh socks. It made the TV news tonight, and in spite of good intentions it m akes the administration look like complete idiots. Redwoood staff are the laughing stock. "

Is Napa hicktown USA? wrote on Jul 3, 2007 6:14 PM:

" I know we live in a time when young people run their families and never are told the word no, but this is ridiculous. Wars, gas prices, terrorist plots, a president with a lower approval rating than a rash, and we are worried if this "poor little princess" wears a cartoon character on her sock? Napa get a clue. This has nothing to do with free speech. Whats her message? Winnie the Pooh rocks? No This is about another "cool mom" kissing the butt of a self indulgent kid. Many kids dont' really have any rules in their families, and many parents think they should be able to pick and choose what they do. Our forefathers are rolling in their graves. There is a reason many of us dont' work in schools anymore. Parenting is at an all time low. Soccer mom's, stop the madness! "

Sandra wrote on Jul 3, 2007 6:15 PM:

" Everyone involved in this frivilous mess is a laughing stock. The parents of the kids are leading the parade. "

Jersey Boy wrote on Jul 3, 2007 7:30 PM:

" Redwood Middle School should now adopt uniforms as uniforms are constitutional. This is another example of why freedom of expression in most cases is really the freedom to be stupid. "

Poor Kids wrote on Jul 3, 2007 8:49 PM:

" Parents who are against this dress code are upset because they actually have to spend some time looking over what their children are doing. These old hippies are hiding behind one of the most worthless entities in the US, the ACLU. Free speech, free love, free expression blah blah blah. MominNapa and folks like her, are part of the reason the country today is in the shape it's in. The dress code has worked and worked well. NVUSD don't back down to this left wing judge. Take him on. I would support a bond measure to do so!! Happy Fourth of July (Are we still allowed to say that?) "

Grandma of RMS kids wrote on Jul 3, 2007 11:39 PM:

" I have been following this since it started and the Register states that no PERSONAL ATTACKS or DEGRADING COMMENTS,I have no Idea who is proof reading these comments but who ever it is is not doing their job. I've seen alot of BASHING on the Scott Family even tho there are other parents against the dress code. But you as a news paper should be more careful in your proof reading.As for Jerseyboy and Napa Hicktown USA you ought to be ashamed of your comments,At least these parents stand by their children,not hide behind a rock and go along with things because some people don't have the back bone to stand up for their kids.Hope your kids are honor student's. "

Gary wrote on Jul 4, 2007 12:02 AM:

" All this could have been avoided if RMS had just FOLLOWED CALIFORNIA LAW on opt-out. Even though the Code itself is petty, nannyisah and over-broad, the school would NOT have been sued and enjoined if they had ONLY let the protesting parents opt their kids out, conditioned on them wearing APPROPRIATE, non-gang clothes. Then the REST of the parents could follow this absurd code if they wanted to without interference by the ACLU or a court. It is like a rubber band---very useful when used properly, but if pushed too far, it breaks and becomes totally useless. Those who are upset at the tens of thousands of WASTED taxpayer dollars have only ONE party to blame---the RMS Principal and NVUSD school board. "

Sandra wrote on Jul 4, 2007 9:44 AM:

" Grandma, Actually my son is an honor student. He also knows how to be responsible. He is not perfect, and has had to suffer consequences when he broke the rules. I did not sue the school when he felt the rules were unfair. This would of sent him the wrong message. Not because unfair rules should not be changed. If the school had violated his freedom of religion, or descriminated because of race, then I would of been leading the parade. This is about clothes....what a shallow, and selfabsorbed lesson to teach their kids. I agree with, "Wars, gas prices, terrorist plots, a president with a lower approval rating than a rash, and we are worried if this "poor little princess" wears a cartoon character on her sock?". "

another RMS parent wrote on Jul 5, 2007 9:09 AM:

" Thanks Gary, you hit it right on the head. As for Sandra, I guarantee that these children will go far in life. All are honor roll students, who are by no means perfect either. California stat LAW requires schools with strict dress codes or uniforms to provide parents with an opt-out form. They have denied this for 2 years and that is why it has ended up here because schools are not above the LAW either.I strongly support all of the families involved because kids wanting to dress like kids don't make gang bangers or kids any less smart. A bully is still a bully regardless of what he or she these days, is wearing. This dress code at RMS has NOTHING to do with student safety people, wake up. There just using that to get you to back them. For those parents wanting to dress your children in that dress code, this does not take that away from you. Your children may still wear those 7 drabby solid only colors. Don't forget the shoes and backpacks also have to be solid only as well. Read your policy. Thank you Scott family and the other parents for having the will and time to take this matter on and set the RMS and NVUSD straight. The LAW is the LAW and they are certainly not above it. "

RMS student wrote on Jul 5, 2007 9:18 AM:

" Well Sandra, I think that this poor little princess has done all of us kids at that school justice. This is about kids being kids and wanting to express themselves in the way they choose, without being affensive or disruptive and not having to deal with the military principal or few other teachers that actually dress code children. I was lucky enough to have a few teachers that didn't support the dress code and therefore WOULD NOT send kids up to the office for a violation as he felt that class time was more important than sending a student out for a minor infraction. Most of the violations were for small things. That is why this dress code doesn't work. Not everyone at that school is on the same page. Some teachers there actually want to do what they get paid to do, TEACH, not supervise children on what they are wearing. Education is supposed to be the primary goal there but I think some of them forgot that part. Here's to TK. You go girl and don't let them stop you from what your goals are. THANK YOU THANK YOU THANK YOU!!!!! "

rmsmom wrote on Jul 7, 2007 6:07 AM:

" The Tigger socks were overplayed by the family in question. What it comes down to is that if parents were actually parenting their children and teaching them about self-respect, and common sense there wouldn't have to be a dress code. Look at the pictures in the yearbooks from a long time ago. The students were dressed nicely (and in kid fashion). The "dress code" then was expected by the parents AND the school. "

PLYNNEE wrote on Jul 10, 2007 11:41 AM:

" What ever happened to teaching our kids to obey laws and rules? Life is full of laws and rules that are in place for a reason. The parents encouraged this child to break the school rules over stupid socks! Dont we have more important issues to spend our time on? School is about learning, not making a fashion statement. Come on people. "

former RMS student wrote on Jul 13, 2007 12:19 PM:

" ok say the dress code is ruled to be breaking the law does that mean all other dress codes will be tkaen away at ALL other public schools? Why should RMS be special and not have a dress code but VHS have a small one? And also you have to think about all other rights too. You can't go on school with a knife and say i'm protecting my-self (right t bare arms) right. Also the parents says i have the right to let my child wear want they want well the parent knew of the dress code but allowed her childeren to break it any ways or did she even know that they were breaking it in the first place? Also over 1/2 of the people sueing are no longer going to the school why did they wait so long to do something? And also if they dress code were breaking the law do you really think that NVUSD would have allowed such thing? NO, they would have not allowed it. And for ACLU this isn't there first law suit for a dress code. "

RMS student wrote on Jul 17, 2007 4:54 PM:

" Well even if we dont have a dresscode there will be gangs! If we do have a dresscode it wont make peace we'll still have fights of course...!? But there's a principal and staff and a cop to help!!!!!!! Remember on free dress day how it was??? Just imagine it like that everyday! Some kids dress like that to be cool! Not all of them are in gangs! And I think it's great if we dont have a drresscode! We can be free! If it doesnt work out we can always change it! But keep in mind we are fighting to have our freedom as kids! "

Just Another Kid wrote on Jul 27, 2007 1:54 PM:

" Every kid wants there freedom!!!! Why do we have this darn dress code??? I notice the teachers are wearing whatever they want!!!! It's not like their in gangs! But not all kids are! With or without the dresscode THERE WILL BE GANGS! If we have a dresscode im hearing some kids will be leaving! Or just be very angry! I know i'll be angry! ITS JUST NOT FAIR! Let us be kids! "

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