Yep red white and blue necklace is a "gang" symbol...hummm so the American flag our troops are wearing on their uniform is realy a gang sign...thats a big "gang".
Zero tolarance at work.
Colorful beads lead to court
Student claims Schenectady school district cannot ban her red, white and blue necklace
By MICHELE MORGAN BOLTON, Staff writer
First published: Thursday, February 17, 2005
ALBANY -- A Mont Pleasant middle school student is taking her freedom-of-expression fight to federal court, claiming Schenectady school officials have no right to ban her from wearing a handmade red, white and blue necklace to class.
The beads, which Raven Furbert got as a string-it-yourself Christmas gift, symbolize love of country and respect for soldiers serving in Iraq, according to the lawsuit her mother, Katie Grzywna, filed in U.S. District Court in Albany.
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Among those soldiers is her uncle, J. Barnes, who is a member of the Army National Guard's 42nd Rainbow Division, and three other relatives. Barnes shipped out to Kuwait in October, and went on active duty in Iraq the first week in January.
Raven, 12, made the necklace over the Christmas vacation and wore it on her first day back to school on Jan. 4. She said it was to commemorate Barnes' move into a danger zone and that it is her way of trying to protect him.
She said she can't understand what the big deal is. "I just want to wear them for my uncle," she said. "I'll be really glad when this is all over."
Schenectady school officials immediately banned her from displaying her unique neckwear in a belief such "gang-related" jewelry violates policy, court papers alleged.
Raven was threatened with suspension if she continued to wear the beads.
"I still don't see anything wrong with this," her mother said of the case that has created a stir. It was featured last week on the Fox News Channel program "Hannity & Colmes."
"(School officials) even said on that program that they do not have a gang problem in the Schenectady school district," she said.
And that isn't all, added the frustrated mother.
Grzywna said it seems now that Raven is being targeted, and the child who used to sail through her school days without incident is now tagged frequently for in-school detention and other disciplinary measures.
Grzywna said she tried to explain to school officials that the necklace was nothing more than a show of patriotism. But they wouldn't listen.
On Jan. 14, word came home that the beads had been banned, she said. Officials then said beads could be worn but not displayed, she said. So Raven began wearing the jewelry under her clothing, her mom said.
This week, on both Monday and Tuesday, administrators again told Raven to remove the beads, Grzywna said. She complied. But then put them back on.
Named in the federal action are Assistant Superintendent Eric Ely, Mont Pleasant Middle School Principal Gary Comley and Assistant Principals Nicki DiLeva and Matthew DeLorenzo.
Sherry Greenleaf, who is employed full time as the school district's attorney, said she couldn't comment specifically because the school district hadn't yet seen any court papers. "But certainly we believe the policy is valid and properly enforced," she said.
Bob Keach, a lawyer who specializes in civil and constitutional rights violations cases, said several of Raven's friends also have been told not to wear the beads even though the Mont Pleasant dress code does not mention beaded jewelry as a banned item.
Grzywna is seeking a permanent injunction preventing the school district from banning expressive clothing. She also wants monetary damages and declaratory judgment, which allows a judge to decide whose position is correct.
"As of today's date, the wearing of the red, white and blue beaded necklace made by a 12-year-old to show support for soldiers dying to protect this country's freedom is still forbidden ... under penalty of suspension from school," Keach said in court papers.
And the mascot for the Schenectady City School District is a patriot, he pointed out: "So school colors are red, white and blue."
"Patriotism is a virtue to be fostered among the young," he said. "It is not 'gang-related.' We can't believe we've had to take it this far."
"We would never want to stop a student from expressing their patriotism, support for U.S. troops or their love for the American flag or America in our schools," said Jeff Janiszewski, Board of Education president, in a posting on the Schenectady schools' Web site. "This student simply decided to choose one of the very few forms of expressing patriotism that goes against our carefully considered rules."
A conference in the case has been set for June 15 before U.S. Magistrate Judge David Homer.
