The Nappa Valley Register reports that the ACLU has won a preliminary injunction prohibiting enforcement of a dress code at a Nappa Valley middle school. The policy (which is attached to the judge's order) permits students to wear only solid-color clothes in certain specified colors, with no pictures, logos, words, or patterns of any kind. The case is Scott et al v Napa Valley Unified School District, et al., Case No. 26-37082 (July 3, 2007).
The suit was brought by six students who were punished for violating the attire policy, including one who wore a t-shirt that said "Jesus Freak," another who wore a D.A.R.E. pin, and a third who wore a breast cancer awareness ribbon. The district also punished a student wearing a pair of socks bearing the image of the Winnie the Pooh character Tigger. The district defended the policy, saying that it furthers the important governmental interests of providing a safe school environment and of preventing gang activity on campus.
This case is an early post-Morse v. Frederick (551 U.S. __ (June 25, 2007)) decision. In its reaching his decision, Napa Superior Court Judge Raymond Guadagni cited Morse as upholding the well-settled principle from Tinker v. Des Moines Independent Community School Dist that student expression is protected as long as it does not “materially and substantially disrupt the work and discipline of the school.” 393 U.S. 503, 513 (1969).
