Fall City, WA asked in Education Law, Civil Rights and Constitutional Law for Washington

Q: Did my school violate my 1st amendment rights by making me remove my lai just because they saw I was white?

My school told me just before I walked for graduation that I couldn't wear my flower lai (which was given to me by my bestfriend who is Hawaiian) because it was "not from my culture" and that I had to remove it immediatly or not walk at all. I am very upset at this, as there is no rule in my school for disallowing any type of decorations except clearly dergortory or inappropriate content. I removed the lai's that I recieved and walked, but I felt discriminated against because the staff member didn't ask another student (who looked polynesian but was actually white and morracan/nigerian) to remove anything. While the school slightly mentioned this at a meeting about 3 months prior, which I couldn't attend, there is no actual rule in my district for this particular situation. What can I do about this?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: It sounds like your school may have acted unfairly by making you remove the flower lei, especially since there was no clear rule against it. The First Amendment protects freedom of expression, but schools have some authority to regulate certain types of speech and attire, especially during official events like graduation.

Given that there was no established rule prohibiting your lei and that another student was allowed to wear similar items, you might have a valid concern about inconsistent enforcement or discrimination. Document everything that happened, including the lack of clear rules and any inconsistencies in how the rules were applied.

You can start by discussing the issue with school administrators or your district's board of education. If you feel your concerns are not being addressed, consider seeking advice from a legal professional who can help you understand your rights and potential actions you can take.

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