Friday, February 14, 2014

Frudden v. Pilling Update

No surprise at all attorney Mary Frudden and her husband, represented by lawyer Eugene Volokh, won their appeal to the 9th Circuit Court of Appeals.

The Gomm uniform case has been remanded to the local court.

The Fruddens will win their separate case before the Nevada Supreme Court. That I am confident will happen.

Today the 9th U.S. Circuit Court of Appeals reversed and remanded a decision made two years ago by U.S. District Court Judge Robert C Jones, who dismissed a suit by parents who objected to Roy Gomm Elementary School's uniform policy.

"We hold that the Roy Gomm Elementary School policy compels speech because it mandates the written motto, 'Tomorrow's Leaders,' on the uniform shirt," wrote Judge Jacquelin Nguyen who wrote the opinion from the 9th Circuit Court of Appeals.

"Further, the exemption for uniforms for nationally recognized youth organizations such as the Boy Scouts and Girls Scouts on regular meeting days is content based. For these reasons, we conclude that strict scrutiny review applies," Nguyen wrote.

This is what happens when a school district gives principals too much leeway on decision-making. The principals are simply too ignorant of the law to proceed without consulting attorneys first. I knew the district was going to get hauled off into court the minute Sparks MS decided to go the uniform route.

Uniforms have no business in public schools, period, even though another court said it was legal.

Volokh writes about the decision here.

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