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Updated: 6:33 a.m. Wednesday, April 4, 2012 | Posted: 6:33 a.m. Wednesday, April 4, 2012
Staff Writer
WAYNESVILLE — A Waynesville High School student filed a federal lawsuit Tuesday claiming the school principal violated his First Amendment rights by forcing him to remove a T-shirt that drew attention to bullying and harassment of lesbian, gay, bisexual and transgender students.
In the lawsuit filed in U.S. District Court in Cincinnati, Maverick Couch, 16, claims Waynesville High School Principal Randy Gebhardt twice prevented him from displaying the message, “Jesus Is Not A Homophobe,” on his T-shirt.
Couch turned the shirt inside out at Gebhardt’s direction on April 15, 2011, and removed it a week later after Gebhardt threatened disciplinary action, according to the lawsuit.
In the lawsuit, Couch said he wore the shirt on April 15 in recognition of a Day of Silence, a national, student-led event drawing attention to bullying of LGBT students. After spring break, Couch again wore the shirt, prompting Gebhardt to call Couch’s mother and order him to remove it or face discipline, including suspension.
Couch, who could not be reached Tuesday, also claims Gebhardt warned him he would face suspension if he wore the shirt again.
The lawsuit claims the district and Gebhardt violated Couch’s rights to freedom of expression under the First Amendment and rights to equal protection under law through the 14th Amendment. Lawyers for Lambda Legal, a nonprofit law firm focused on LGBT issues and people living with HIV, held a press conference in Cincinnati announcing the filing of the lawsuit.
Couch contacted Lambda Legal’s hot line for help, according to Eric Roldan, the group’s media liaison.
In January, Christopher Clark, the group’s senior staff lawyer, sent a letter to Gebhardt advising the district of case law on the issue and urging the district to adopt policies permitting similar displays in the future.
“Hopefully the information I am providing will help you take appropriate steps so that no further action will be necessary to ensure that students in your school freely exercise their First Amendment right of expression,” Clark said in the letter dated Jan. 24.
In February, the school district’s lawyer responded with a letter stating Gebhardt “was well within the bounds of his authority” in barring Couch from wearing the shirt.
“It is the position of Wayne Local School District Board of Education that the message communicated by the student’s T-shirt was sexual in nature and therefore indecent and inappropriate in a school setting,” William Deters said in the letter dated Feb. 24.
Superintendent Patrick Dubbs said he was caught off-guard by the lawsuit and press conference Tuesday.
“It’s just been nonstop on the phone since then,” he said. “This has not been an ongoing situation.”
Today the lawyers and judge are to hold a teleconference, Dubbs said.
The lawsuit seeks court orders permitting Couch to wear the shirt and declaring the district violated Couch’s rights, and the award of “nominal damages,” fees and court costs.
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