Mason Rashtian

Civil Rights v. School District’s Zero Tolerance for Potential Gang Related Symbols



Posted: Thursday, June 03, 2010

by Mason Rashtian
The Mason Law Firm

About 2 weeks ago, a 7th grader attending a New York public school was suspended for wearing rosary beads. Oneida Middle School officials suspended the 13-year old, named Raymond Hosier, claiming that he violated a policy banning gang-related clothing and prayer beads are sometimes worn as gang symbols. However, the teenager says that he wears the rosary beads in memory of his younger brother who died in a bicycle accident. The boy's brother was clutching the rosary beads when he passed.

The teenager's mother and the American Center for Law and Justice have sued the school district, contending that the boy's suspension violates his rights to free speech and religious expression. A New York federal judge has ordered the school to reinstate the 7th grader, pending a hearing on June 11th to determine whether the suspension is a violation of the boy's civil rights.

In the past, other school districts have punished students for wearing rosaries, including suspension of a 14-year old boy in Haverstraw, New York, and a Dallas high school student who was ordered to stop wearing her rosary in 2008.

Legal experts believe that the 13-year old boy will likely win his case against the school district. In the past, cases have been filed against school districts who set standards for length of hair, and clothing restrictions worn by students. Cases such as these could have an affect on the type of policy school officials set throughout the country.

Mason Rashtian is the owner/partner of The Mason Law Firm, specializing in personal injury matters, including, but not limited to accidents, slip and falls, dog bites, electrocutions, food poisoning, and defective products.  He represents clients throughout the State of California.  For more information, go to http://www.mrscvlaw.com


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