NVR Logo
'Tigger socks' battle settled
Redwood, ACLU find a compromise on dress code
Saturday, December 15, 2007
Save and Share Share
After months of legal negotiations and a spate of national media attention, the families of five Redwood Middle School students and the Napa Valley Unified School District reached a settlement Friday over claims that the school's no-logos, no-denim dress code violated students’ constitutional rights.

The suit is best known because then-middle schooler Toni Kay Scott, one of the plaintiffs represented by the American Civil Liberties Union in the case, was removed from class for wearing socks with the Winnie the Pooh character Tigger. Her sister, Sydni, was reprimanded for wearing a shirt that read, “Jesus Freak.”
Under the settlement agreement, the district will not prohibit lettering or pictures unless allowed by the state education code, which protects the free speech rights of students in California’s public schools.

Future dress codes at Redwood Middle School that limit colors, fabrics or patterns must be implemented as part of a school uniform that allows parents to opt out.
The original policy, introduced in the 1990s in response to rising gang activity on campus, prohibited students from wearing denim or clothing displaying stripes, logos of any size or colors other than white, yellow, green, blue, brown, khaki, black and gray. School officials and teachers have said the dress code was successful in mitigating safety concerns.

Scott and other students said the policy crossed a constitutional line.
“California law contains strong protections for student speech, and limits schools' ability to restrict students' clothing choices,” said Julia Harumi Mass, an ACLU attorney. Mass said that, “While in the media Toni Kay's Tigger socks got a lot of attention, really the principles behind the case, which are freedom of expression and individuality, are core American values.”

The settlement bars the school from prohibiting logos like those on Toni Kay’s now infamous socks or phrases like those on her sister Sydni’s shirt. Logos and lettering are protected under the settlement unless determined to be obscene, libelous or slanderous, or designed to promote unlawful acts or violation of school regulations, said Mass.

According to NVUSD Superintendent John Glaser, “There will be no impact in the immediate future on what students wear.”

The school will keep the interim dress code put in place in the beginning of this school year, after the lawsuit was under way.

That policy does not explicitly ban clothes with logos or writing, unless those words or symbols are linked to gangs or drug use. But it retains restrictions on fabrics that students can wear, bars students from wearing sagging pants, tube tops and other clothes or accessories considered distracting or inappropriate.

If school officials decide to implement a stricter policy next year — and they have the option of doing so — families can decide to opt out. Glaser said the school and district are “looking at the possibility of implementing a uniform policy some time in the future.”

It is unclear whether a uniform policy will go into effect as early as next year, he said, or even what the policy will look like. However, said Glaser, it is likely that a new uniform policy will give the students fewer options than the original dress code.

As part of the settlement, the district will remove any references to dress code violations from the student plaintiffs' records and allow all other students who attended Redwood during the last six years to request that similar references be removed from their records.

Now, he said, the district will be able to turn its attention — and funds — back to educating students.

“We are glad we were able to settle the lawsuit, which diverted economic resources from our primary mission,” said Glaser. The amount of money spent on litigation instead of education, he said, has been “too much.”

“From the district’s perspective, we still disagree on the basic point of the law, but didn't believe it was worth spending the dollars on,” he said. But, he added, he appreciates “the spirit of cooperation” from all parties “to avoid framing this in terms of winners and losers.”

Donnell Scott, mother of Toni Kay and Sydni Scott and a plaintiff in the lawsuit, said she's pleased with the outcome. “I think it's great that my daughter Sydni, and all the kids at Redwood, can wear clothes that express their individuality,” she said, adding that she felt this was a case of the “little man versus the big man.”

“I guess I’m just tired of people telling me how to raise my kids,” she said. “I didn't do this just for my children, but for everybody. It shows that the little person can win.”

Redwood Principal Mike Pearson said, “It’s a case of David versus Goliath.” But the little guy is the district, he said. “We did not have the money to fight this thing. The ACLU had a very powerful law firm that was willing to work pro bono, and the district didn’t. End of story.”

The lawsuit, he said, impedes teachers. “To me, it’s just tragedy that the people on the front lines, i.e. the educators, the teachers, ultimately are not valued or respected for their professional opinion on what they feel would be the type of conducive learning environment to promote student learning for all children.” The purpose of the dress code, he said, was never to limit free speech; it was to ensure the safety of his students.

“The irony,” said Pearson, “is that we had 10 years of little or no gang activity, a strong focus on education, and a very safe campus. And with the new policy that we’ve had in place since the first day of school this year, our worst fears have been realized. Gang activity has tripled, disciplinary issues have risen. ... All in the spirit of fashion and privilege.”
17 comment(s)

Dirty Napkin wrote on Dec 15, 2007 5:22 AM:

" The dress code was the best thing that ever happened at Redwood. Bratty kids learning by example. Way to go moms and dads. Now you children have learned how to sue. Get a life! "

Napaparent82 wrote on Dec 15, 2007 7:13 AM:

" All I have to say is THANK YOU to those few kids and parents who felt that they can do what they wanted and challenge the RULES!!, just because they wanted to wear what they wanted and not what the rules stated. Now the district has to pay $95,000!!! For the plaintiffs' lawyers, also the school district have to play for their own lawyers too which I am guessing the fees are even higher. This money could have been used for programs that need the founding, and ways to improve education. I don’t want to hear parents CRY because their children's school close because there is no money. This is a reality, schools in the bay area and all over the country have to close just because school districts had no money to keep the schools open, and cause even more overcrowding in our schools. I have a daughter and because the district cannot afford good teachers she is falling behind. Her math teacher lets them sleep and listen to their ipods, when I learn that, my wife and I started to teach her what she was suppose to learn. How can we expect our children to have an education, if the district has to use the money that is intended for school supplies, teacher salaries, sports activates, and after school programs is use for lawyers fees and cash settlements? Let me ask you a question, how would you feel if the district has to lay off teachers, and stop all k-12 school sports, music, drama, art, or after school activities because lack of money?? "

Maya wrote on Dec 15, 2007 7:51 AM:

" A great society starts with positive, successful parenting. If that doesn't happen, then these gang problems and dress code problems surface. Middle school is too late to remedy the situation, no matter how hard the administrators try. It's a sad situation for administrators, teachers, and all involved with schoolchildren when parents drop the ball and raise delinquents. Parents must take responsibility and action early on in their child's life. It's not up to the school district to raise their kids. "

Sandra wrote on Dec 15, 2007 8:20 AM:

" "And with the new policy that we’ve had in place since the first day of school this year, our worst fears have been realized. Gang activity has tripled, disciplinary issues have risen. ... All in the spirit of fashion and privilege.” If this is true, then I am certainly happy for all you tigger socks promoters. You took on the system, got your way, and now all the kids will suffer because of short sighted selfishness. But boy, will they look cool. "

naparian wrote on Dec 15, 2007 9:25 AM:

" Thank you ACLU for putting this ridiculous decision down. Sadly though, it took a lot of wasted time and money. Oh for common sense! "

Exasperated wrote on Dec 15, 2007 9:29 AM:

" Too bad. This will just encourage more whining when people don't want to follow the rules. Kids need rules, it helps them learn ethics and how things work in the real world. Do we really want to be sending coddled whiners into adult life? "

crusherfan wrote on Dec 15, 2007 9:47 AM:

" Statisics speak for themselves.I hope the Scott parents are proud and they do not become victims of any gang related violence.This a waste of money that could have been better spent on education and programs keeping kids out of gangs.I have comfort in knowing that when my daughter goes to Redwood that she can wear her gangster clothes,that I will happily pay for,so she can experss herself in the way that any kid has a right to.And Tigger too. "

napadad wrote on Dec 15, 2007 11:12 AM:

" Principal Pearson, you should be ashamed of yourself even to insinuate that the gang violence that is at your school is related to this ruling! Napa is being subjected to the same gang violence it has for years and we are in a retaliation cycle right now with an escalation in violence that has been occurring since summer! If your theory is correct the violence that is occurring in napa stems from redwood not the other way around. I think if you look at the incident reports from redwood for the last ten years you will see many many reports of gang activity at redwood. These girls and thier parent excercised thier rights and now you blame criminal activity that is going on all over town on that? Small behavior for an educater and professional. I was taught by my teachers words are powerful use them CAREFULLY lest you harm others unintentionally . "

winemd wrote on Dec 15, 2007 11:12 AM:

" Fashion is a distraction from the educational process. there is too much competition about fashion. What good is a uniform policy if parents can opt out? The school could use better judgement when it comes to enforcement, but I am all for uniforms. The kids have plenty of opportunities to exercise their free speech other than whatever clothes they want to wear, that are more meaningful. "

jane wrote on Dec 15, 2007 11:37 AM:

" I currently have a son at Redwood, and a daughter that has already gone through Redwood. I personally never minded the dress code. My daughter never liked the dress code at the time, but now that she is an adult she understands how this discipline helped prepare her for life, and the work place. She is a full time college student, and has had jobs working with children where a dress code was required. Our job as parents is to prepare our children for the "real" world. It will be interesting to see how Toni and Sydni turn out as students and as citizens of Napa. Can't wait to see how Donnell Scott's parenting technique works out since she stated that she "didn't just do this for her children, but for everyone". We will all be watching to see what type of adults your children turn out to be. "

rogers wrote on Dec 15, 2007 1:49 PM:

" Yes, I agree that this is a sad day for Napa's public school children. When traveling abroad almost anywhere in this world, one notices that that most of the public & private schools require uniforms from elementary through the equivalent of high school. While the US consistently falls further behind in education, the rest of the world moves ahead. Why do they succeed while we don't? This had nothing to do with free speech but is about parents who are are too self-centered or too lazy to dress their children appropriately for school. Free speech happens in classroom discussion, art and music classes. The new "uniform if you want to..." policy is essentially no policy. If these same parents sent their children to a private school at a $1,000 per month, they would be be told what uniforms were required, what the schedules would be, when to attend parent/teacher conferences and what volunteer organizations they would be involved with. And if they didn't, more than likely, they and their children would not be considered a "good fit" and asked to leave. Interesting how it works! I'm willing to bet these same parents would be outraged if some kids on their children's soccer or baseball teams chose to show up dressed in tie-dye clothes and flip-flops rather than the team outfits. Commercially branded clothing like Tigger and Winnie-the-Pooh or religious T-shirts should have no more place in our public schools than clothing for Hooters, Viagra or McDonalds. People with "look-at-me" or "me-first" attitudes have a difficult time with the concept of "us". "

chris wrote on Dec 15, 2007 4:35 PM:

" First of all, finally sanity prevailed and a dialog occurred. Too bad the district had to be forced into it. It serves them right if they had to spend a lot of money doing so. Perhaps if their arrogance had taken a back seat to practicality, this matter could have been settled some time ago for far less money. Secondly, Mr. Pearson claims that gang activity and discipline issues have tripled since the policy was challenged. Really. I find that a little hard to believe and I frankly think he's trying to justify his refusal to be reasonable. Otherwise he would have produces the statistics during the litigation, something the school and district refused to do. And claiming to be the victim, the big bully ACLU line, give me a break! Finally, I think it's rather sad that parents who stand up against an over reaching school policy are seen as whiners. It turns out they were right. Good for them. "

Dwayne wrote on Dec 15, 2007 8:08 PM:

" "Redwood Principal Mike Pearson said, “It’s a case of David versus Goliath.” But the little guy is the district, he said. “We did not have the money to fight this thing. The ACLU had a very powerful law firm that was willing to work pro bono, and the district didn’t. End of story.”" The principle still doesn't get it, and he is simply wrong, and a sore looser. What a lousy model he is for our kids. "

OsceolaFL wrote on Dec 17, 2007 4:45 AM:

" I say "Bravo!" to the parents who stood up to the school district. Wake up, people - there isn't a shred of evidence that indicates school uniforms make the students perform better or worse. Numerous studies from David Brunsma, arguably the foremost expert on this subject, have proven this. Interestingly, the proponents of school uniforms NEVER cite any conclusive studies that support their position - just anecdotes and other tall tales from school administrators with no hard numbers to back up their ridiculous claims, (improved grades, reduced gang violence, and other rubbish). As far as I know, the US is still a free country. What's next, banning free speech? Redwood, you have problems with gang violence because you have idiots raising kids who are unwilling to give a damn about what is going on in their childrens' lives, not because kids choose to wear denim pants instead of khaki pants, or striped shirts instead of solid color shirts. And instead of blaming the parents for this financial disaster, put the blame squarely on the shoulders of the people responsible - the school administrators that refused to change the policy, and instead chose to enforce a ridiculous, (and perhaps illegal), policy in the first place. School uniforms happen to be the current social experiment of the week, and will undoubtedly go the way of the dinosaur and the pet rock once people realize the "benefits" are nothing more than smoke and mirrors presented by insanely rich uniform suppliers. Folks, don't drink the Kool Aid - school uniforms are a non-issue that gives school administrators the appearance that they are doing something when in fact they solve nothing. "

imaBigGirl wrote on Dec 19, 2007 9:28 AM:

" The Redwood dresscode is a thing of the past thanks to the selfishness of a very small handful of misguided parents (who wanted to be "popular") and their over-indulged children. It no longer exists because the ACLU (with its endless $$$ and highpower lawyers) needed the "win" and the publicity...at any cost. As a Redwood parent and a longtime member of the Napa community, I am disgusted with the outcome of a debate that was won by the "other side" for all of the wrong reasons. As the principal of Redwood said, it was about "privilege and fashion" not what was best for the Redwood community (students, teachers and families.) So congratulations...wear your Tigger socks, but you also must take responsibility for the subtle messages and influences of gang attire and the countless other distractions from the educational focus created by your victory. Be proud. "

Concerned Citizen wrote on Dec 21, 2007 1:34 PM:

" This is all anyone needs to know: "SAN FRANCISCO (AP) ― Officials in a Northern California school district might not think Tiggers are such wonderful things after agreeing to pay $95,000 in lawyers' fees to five families who sued the school over its dress code. " This is the end to the means. This is what the whole thing was about. Shame on these dysfunctional, adolescent parents who have done nothing but teach their kids how to BILK the system; how to make a cheap and easy buck off the school system...aka citizens of Napa. What do they think they've achieved? To teach their children that being individual is of the utmost importance while a little cooperation is a negative? That the school system should have no control, whatsover, over students behavior? What was truly at stake here? The temper tantrum of a few parents who wanted to have their way against the big bad school system? Immaturity has it's rewards, doesn't it? In this case, 95 THOUSAND of them! Well, I hope these "adults" are happy with the shabby education they've just foisted upon their children. Such poor examples! "

Concerned Citizen wrote on Dec 21, 2007 1:38 PM:

" Not to mention the complete and utter waste of all those funds which could have gone towards something truly valuable rather than to teach children (read: c-h-i-l-d-r-e-n ....some "parents" included)how to ignore logic and reason (to avoid potentially catastrophic "gang" and other type problems..which DO exist, BTW) and, instead, be "their own person." At what price and how valuable a lesson is this, really? "

Comment Guidelines
The goal of the story comments section at NapaValleyRegister.com is to have an open, thought-provoking, civil community forum for all issues.
What gets your comment posted?
• Staying on topic
• Keeping your comment to 300 words or less
• Avoiding name-calling
• Addressing your comments to the message rather than the messenger
What gets your comment deleted?
• Personal attacks
• Derogatory remarks
• Name-calling of any sort
• Going off-topic
• Hate speech
• Racially-insensitive comments
• Implying guilt of a subject in a crime story before there is a court verdict
• Posting e-mail addresses
• Posting comments of a commercial nature
• POSTING WITH ALL CAPITAL LETTERS
• Linking multiple comments together with "to be continued..." to get around the 300 word limit.
The fine print
- Comments are either approved or denied. We do not edit comments.
- You are welcome to modify and resubmit a denied comment.
- Comments may take several hours to be posted.
- Comments posted are those of the writer, and do not necessarily reflect the opinion of NapaValleyRegister.com, its employees or its parent company.
- Do you have information on a story? Please go to our virtual newsroom to send us a news tip.
- If you feel a posted comment has violated our guidelines, please contact online@napanews.com or add a comment indicating you have an issue and our moderators will review the comment in question.
Search:
Web Search Powered
By Yahoo! Search
Napa Valley Register on Facebook
Copyright © 2009 Napa Valley Publishing, a member of Lee Enterprises, Inc.
Terms of Use | Privacy Policy