can i sue the school board?

Question

can i sue the school board for not letting me wear earrings but they let girls wear them

Answer 1

Earrings, huh? That's interesting. The first answerer of course gives a nice "string cite" for law related to student dress/conduct. Earrings may or may not fall into First Amendment protection, but there's also an equal protection argument here (girls get to wear earrings; i, because I'm a guy, don't.) Schools get a little more leeway on civil liberties than other forms of government, but they still have to provide at least a "reasonable" justification for the discrimination. How does it control order? Make the school safer? Contribute to a safe, clean, productive learning environment?

Certainly, if girls at public schools were mandated to wear dresses, there would be an equal protection challenge today (along with a whole bunch else). I think it's worth it for you at least to talk to lawyers or a public interest group that may want to take your case on as a "test case" (that is, if you live in a favorable jurisdiction like, oh, California, Pennsylvania, New Jersey, New York, Washington, etc.)

Interesting legal question. It would make a good con law exam question. :)

Answer 2

Yes. Of course, you will most likely lose but you CAN sue.

TO SARGE:

Although you are right about school's having the right to set dress codes, that fact alone does not preclude a person's right to redress under law.

The Supreme Court has not ruled on the constitutionality of dress codes in relation to students 1st Amendment rights. Personal appearance and clothing may be constitutionally protected by the 1st Amendment if the clothing conveys a religious message or the clothing coveys a political message.

It is generally not enough in the eyes of the court for a student to object to a dress code on the basis that it does not allow him/her to convey their individuality. The following lists includes a few of the very numerous cases out there on dress codes. Remember a court only must follow precedent in its jurisdiction.

Here is some reading for you if you are serious about the subject.

Moody v. Cronin, 484 F. Supp. 270 (C.D. Ill. 1979);Domico v. Rapides Parish School Board, 75 F. 2d 100 (5th Circuit 1982);Olesen v. Board of Education of School Dist. No. 228, 676 F. Supp 820 (N.D. Ill 1987);Broussard V. School Board of the City of Norfolk, 801 F. Supp. 1526 ( E.D. Virginia 1992);Jenglin v. San Jacinto Unified School Dist., 872 F. Supp. 1459 (C.D. Cal. 1993);Alabama v. Coushatta Tribes of Texas v. Big Sandy School Dist, 817 F. Supp. 1319 (E.D. Tex. 1993);McInyre v. Bethel School Indep. Dist. No. 3, 804 F. Supp 1415 (W.D. Ok. 1992);Hines v. Caston School Corp., 651 N.E. 2d 330 (Ind. App 1995);Pyle v. South Hadley School Committee, 861 F. Supp. 157 (D. Mass. 1994


AND
Colorado Indep. School Dist. v. Barber, 864 S.W. 2d 806 (Tex. App. Eastland 1993)
In this case male students successfully challenged enforcement of a school dress code which prohibited male students form having long hair or from wearing earrings. The court felt that there were several problems with the dress code, most significantly that the code prohibitions were discriminatory, as they were based on sex.

Perdendosi:

That's why I cited the last case. It goes to the heart of the matter. There is little precident on the issue but the result does intone an equal protection case.

Answer 3

You can, but the judge will toss it out of the courtroom. You can't show how you're being harmed by not being allowed to wear earrings, and schools have the authority to impose standards of dress and personal appearance, so the law is on their side. You don't have a case. Don't waste your time (or the courts) on this.

Answer 4

Sure! You'll need a lawyer if you want to be taken seriously, and the lawyer will want a retainer to take you seriously.

Answer 5

Probably. But you'll have to pay a lawyer more money than you're likely to want to spend to do so.

Answer 6

You can try to file, but schools are alloowed to set their own dress code.

Answer 7

You can try. It will cost you more than it is worth. And you will lose.

Answer 8

Can you - sure!

Will you win - not likely.

Answer 9

no.