On October 13th, the eighth-grader at a middle school in La Jolla, California, watched a high school football game during his free time. In an attempt to emulate the sports hero, he got warrior paint on his cheeks, temples and chin. According to his school's principal, this commonplace act constitutes a “hate incident,” at least when carried out by this particular child.
Principal reportedly accused 13-year-old boy of hate with “intent to cause harm,” banned him from attending San Diego Unified School District sporting events for the remainder of the year, and suspended him for two days. And so.
In order to clear the boy's name, the Amezuri family is now file a lawsuit Muirlands Middle School Principal Jeffrey Luna and SDUSD Superintendent Lamont Jackson, who denied the boy's suspension appeal. The boy's family requested a jury trial.
portray children as villains
Blaze News previously reported that the boy, referred to in court documents as JA, wore face paint at the game between La Jolla High School and Morse High School.american freedom center shown The boy wasn't alone. “Several other students had eye black painted in different designs on their faces.”
According to the complaint, the boy's intention was to have his friend paint the Warrior Eye black on his face to show his spirit for the football team along with the many other fans in attendance. “I didn't know about the concept of 'blackface' in matches.” When he wore Warrior Eye Black, he did not intend to imitate or mock anyone, and while wearing Warrior Eye Black, he did not engage in any behavior that could be characterized as imitating or mocking black people. It wasn't. ”
This game was not sponsored or affiliated with JA schools. Even so, the lawsuit also noted that SDUSD has no rules or policies prohibiting fans from wearing eye black or face paint during games.
“It was a normal day. Everything was normal. Nobody said anything. It was a normal football game and La Jolla won,” said Daniel Ameduri, the boy's father. Said Wednesday is “Fox & Friends.” “When I lived in Texas, I used to go to a lot of football games. I would play football, and if the kids brought it in, I would sometimes wear it.”
“Then the next Monday, Tuesday, there was nothing,” Amedouri continued. “The principal called JA into his office on a Wednesday afternoon, and when his wife and I showed up the next morning, he said, 'He wore blackface,' and he suspended him for two days and banned him from sports. I was going to.”
of Notice of cancellation It said the boy had “painted his face black at a football game” and classified it as a “hate incident” with “intent to cause harm”.
Ameduri recalled showing the principal: Jeffrey Lunaand posted a photo of her son to “vindicate” him, but Luna was unfazed and reportedly replied, “No, that's blackface.”
clear his name
The family filed a complaint Tuesday in the U.S. District Court for the Southern District of California, alleging that Luna and SDUSD Superintendent Jackson are defending JA's First Amendment rights, due process rights, and equal protection of the 14th Amendment. The lawsuit was filed for violating the provisions.
The complaint points out that it is within JA's constitutional right to wear eye black “to show their mettle” at games, and that students, who have the constitutional right to do so, “strip their skin at the gates of the school building. It must not be done.”
“By punishing JA for protected speech, Principal Luna and the SDUSD Office of Mediation and Appeals committed acts of oppression, malice, gross negligence, intentional or tortious conduct, and/or recklessness against JA's civil rights,” the lawsuit says. He showed disregard.”
The complaint further alleges that by suspending JA alone for wearing “Warrior I Black,” Luna and the other defendants “intentionally made JA different from other soccer fans in the same position at the game.” “This suggests that the clothing was mistreated…including by a Muirland College student who wore it to the match.” Their situations were directly comparable in all material respects, including black eyes and face paint. ”
According to the complaint, “JA was unreasonably singled out for punishment.”
The family wants JA's ban on sporting events to be lifted. His disciplinary record related to the incident will be expunged. A declaration on the part of the school principal and superintendent that the actions taken against the boy violate his constitutional rights. The amount of damages will be determined in court.
Karin Sveigerta First Amendment expert at Dhillon Law Group and a representative of J.A. Said KFMB-TV Why successful litigation matters: “[J.A.] There may be more than just short-term effects. When applying to high school, this must be recorded on the student record. But it could also potentially lead to universities applying for jobs in the future. ”
Sveigart I have written In X, “Cheering at a football game is not blackface, and it is despicable for school administrators to claim that an innocent child committed an act of 'hate violence' without any investigation or evidence to support the claim.” said.
“As a lawyer, I've dealt with an astonishing number of situations from clients who come to me with similar questions, and these school districts need to stop throwing innocent children under the bus. We need to stop doing that,” Swigert added.
Late last year, the liberal sports blog Deadspin accused a 9-year-old Native American boy of racial hatred after showing up to a Kansas City Chiefs game with his face painted in the colors of his favorite team.
Blaze News reported that Deadspin partially amended its report after receiving legal threats from the boy's parents.
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