California District Judge Dismisses Lawsuit Against School Which Forbade American-Themed T-Shirts on Cinco de Mayo

Noticeably truant at these proceedings would be the ACLU. 

Why aren’t they (the ACLU) leading the charge alongside the parents as they battle against a school which is flagrantly suppressing the Constitutionally guaranteed  Rights of students? 

After all, in a similar 2003 case, when a child showed up at a Michigan school wearing a t-shirt that said Bush was an international terrorist, the ACLU immediately jumped all over that one, saying:  “…[S]tudents don’t give up their right to express opinions on matters of public importance once they enter school … Schools are not speech-free zones.”

What are they, hypocrites or something?

This updates our previous coverage HERE:

MHUSD wins lawsuit over Cinco de Mayo T-shirt incident

By Angela Ruggiero – Morgan Hill Times

A decision was reached in favor of the Morgan Hill Unified School District and administrators in the civil rights lawsuit against the district and two former Live Oak High School administrators over the American T-shirt controversy from Cinco de Mayo 2010, said Alyson Cabrera, the lawyer representing MHUSD and former Principal Nick Boden and former Assistant Principal Miguel Rodriguez. The decision was reached Tuesday afternoon.

Plaintiffs Dianna and John Dariano, parents of Matt Dariano; Kurt and Julie Ann Fagerstrom, parents of Dominic Maciel; and Kendall and Joy Jones on behalf of Daniel Galli filed the lawsuit against the school district alleging violations against their First and Fourteenth Amendment rights after their children wore American-themed T-shirts to Live Oak and were sent home after refusing to remove the shirts and apparel after Boden and Rodriguez were concerned about the potential for violence on campus. The fourth student, Austin Carvalho or his parents, did not file a lawsuit.

The lawsuit sought nominal damages including changing school policies to clearly state students’ rights and protections under the Bill of Rights and reimbursing lawyer fees and expenses for the cost of litigation.

The United States District court dismissed all claims against MHUSD. The case against Rodriguez was also dismissed. This ends litigation before the district court, although the plaintiffs do have the right to appeal through the Ninth Circuit Court of Appeals. Because Boden filed for bankruptcy, all proceedings against Boden are stayed as a matter of law, meaning an order could not be entered. His case now under the jurisdiction of the federal court.

How many want to wager that—unless the ACLU gets involved—the Lefturd majority sitting on the 9th Circuit Court of Appeals bench will side with an obviously Libtarded district judge on this one?

After that, it’s off to the U.S. Supreme Court.

Explore posts in the same categories: Abuse of Power, Education, Family, immigration, Indoctrination, Insanity, Justice System, Leftists, Liberals, Multiculturalism, Parenting, patriotism

12 Comments on “California District Judge Dismisses Lawsuit Against School Which Forbade American-Themed T-Shirts on Cinco de Mayo”

  1. tgusa Says:

    Their children wore American-themed T-shirts to Live Oak and were sent home after refusing to remove the shirts and apparel after Boden and Rodriguez were concerned about the potential for violence on campus.

    You can understand where we would want to keep this sort of stuff out of our neighborhoods. It is easy to understand our concerns because our concerns are occurring.

  2. tgusa Says:

    Although California and Texas engaged in wars against the Mexican guvmint at about the same time the situations were completely different. In Ca it was one group, led by a Spanish leader against another group led by a Spanish leader. One leader wanted to join the USA and celebrate the 4th of July, the other Mexico. Of course those Mexicans probably never heard of Cinco De Mayo, a nothing holiday. Guess who won the war? It’s the same crap all over again. Americans here want to celebrate our Spanish American history not a former colony of Spain’s and they want to do it any old day they feel like it. Which right now appears to be everyday, especially that Mayo one.

    • tgusa Says:

      Back then a rampaging General and his Mexican army burnt Los Angles to the ground. Later, that General was executed upon his return home. Mexicans doing the job Americans didn’t get to do.

  3. tgusa Says:

    While huge numbers of Mexicans work in white areas the same is not true the other way around. The court can side with foreigners but the people can side with America. This will hurt the Cinco De Mayo crowd far more than it will the Independence day crowd.. I have often observed these others to be incredibly stupid and frankly that stupidity more often than not leads to a corrupt leadership.

  4. […] what country he lives in. OK I read this story earlier and it really bothered me. California District Judge Dismisses Lawsuit Against School Which Forbade American-Themed T-Shirts on… Now I have celebrated Cinco de Mayo with family and friends many times. It does have a place in […]

  5. tgusa Says:

    Since the judge is a direct product of our Constitutional Republic I guess this means that we can just ignore him. Oh and revoke his position, demand that the judges past salaries are paid back in full. We all have a Constitutional right to be judged by our peers, of which this judge is not one. The judge is an imposter.

  6. tgusa Says:

    I think it’s great. The judge has established legal precedent that Mexicoans are prone to violent intolerance. and completely incapable of any sort of self control.

    Moreover, between the lot of them they don’t have two brain cells to rub together.


    SEC. 18. Treason against the State consists only in levying war
    against it, adhering to its enemies, or giving them aid and comfort.
    A person may not be convicted of treason except on the evidence of
    two witnesses to the same overt act or by confession in open court.

    California Constitution.

  7. Teri Pettit Says:

    Re: “where is the ACLU?”

    Arguing on the side of the students, for their rights to wear the flag, for freedom of speech, and against the school, actually.

    • Actually, a mere letter to the superintendent of the school is in no way to be construed as a serious legal stand. If the ACLU was really serious, they would have taken the case free of charge and argued it in court like they do every other day. From what I can tell, the parents of the students were the ones who ended up paying out of their own pockets for legal representation. Ergo, where is the ACLU??????????????


  8. Teri Pettit Says:

    The judge is also a Republican with an extensive military background, nominated by Pete Wilson and appointed by George H. W. Bush.

  9. Update for this story is here.

    Its about time the aclu does something for America. Those who refuse to recognize Americas Flag and our ways. Send them back to thier country of origin.

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