Three Black students in Southeast Georgia have filed a lawsuit against the Effingham County School District after high school dress codes banned Black lives Matter attire but permitted nooses and Confederate flags.
The federal lawsuit filed Monday accuses the district of violating students' free speech, protected by the First Amendment, while also ignoring racist bullying and incidents of discrimination.
“The school permits faculty to display paraphernalia supporting former President Donald Trump,” the lawsuit reads, via Yahoo News. “However, the school has expressly prohibited Plaintiffs from wearing Black Lives Matter messaging because it is disruptive and controversial.”
In one instance, a Black student wearing a BLM t-shirt was banned from attending a football game, whereas a white student was permitted entry while wearing a shirt that read “Stomp on My Flag; I’ll Stomp Your A**.”
The suit alleges that the plaintiffs complained to the district about the unequal treatment, but were told the flag represents “heritage not hate,” whereas BLM is "disruptive."
Alongside common use of racial slurs among students, the suit claims that there was also a white educator who made openly racist remarks, as well as “a white student wearing a full Hitler costume during spirit week after obtaining prior approval from a teacher."
Racist incidents also escalated to vandalism and threats, as the baseball locker room was vandalized with racial slurs, and in the football locker room, someone hung a noose.
The suit claims that the school district violated the Civil Rights Act, as well as the First and 14th Amendments. They are requesting a permanent injunction that would force the district to follow federal law, and the records of the student plaintiffs be expunged.
“Defendants have been aware of a pervasive and consistent pattern of peer-to-peer harassment and discrimination,” the lawsuit reads. “Yet they failed to prevent or address the peer-to-peer racial harassment that was sufficiently serious as to create a hostile environment; that is, harassment that denies or limits a student’s ability to participate in or benefit from school.”
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