Students sue Tri County Area Schools over ‘Let’s Go Brandon’ sweatshirts
By Karie Herringa
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HOWARD CITY, Michigan (WXMI) — Two students are suing Tri County Area Schools after middle school staff asked them to remove sweatshirts featuring the phrase “Let’s Go Brandon.”
The lawsuit claims an assistant principal and teacher at Tri County Middle School violated the students’ First and Fourteenth Amendment rights by telling the students to remove apparel critical of President Joe Biden, saying it violated the district’s dress code.
According to court documents, Tri County Area Schools dress code prohibits clothing “with messages or illustrations that are lewd, indecent, vulgar, or profane, or that advertise any product or service not permitted by law to minors.
The lawsuit states the school first addressed the “Let’s Go Brandon” sweatshirts in February 2022 after one of the students was spotted wearing one at the middle school.
The student was asked to remove the sweatshirt. The lawsuit states the same student wore the sweatshirt a few weeks later and was again asked to remove it.
Another student wore the same sweatshirt in May 2022 and was also asked to remove it.
Then, during a field day in June, a different student wore a Trump flag. That student was also told to remove it, though other students wearing LGBTQ+ flags were not told to remove them, the lawsuit claims.
The phrase at the center of the lawsuit, “Let’s Go Brandon” originated at an October 2021 NASCAR race. After Brandon Brown won the race, members of the crowd chanted “F— Joe Biden.” One of the commentators, however, said that the fans were shouting “Let’s Go Brandon.”
The phrase has become a political slogan for those who oppose President Biden.
The lawsuit argues the phrase is not lewd, profane, indecent, vulgar or obscene, but instead expresses the sentiment without using profanity.
“Students have every right to wear LGBT attire to school, just as our clients have every right to wear ‘Let’s Go Brandon’ attire to school. The problem here isn’t with the message. The problem here is that the school district is trying to pick and choose which messages students are allowed to express when they come to school. And that’s something that First Amendment simply does not permit,” said Connor Fitzpatrick, attorney for the Foundation for Individual Rights and Expression.
The students, represented by the Foundation for Individual Rights and Expression, claim that prohibiting them from wearing the sweatshirts violates their First and Fourteenth Amendments.
The students are asking the court to grant a permanent injunction to stop the district from enforcing a categorical ban on “Let’s Go Brandon” apparel, as well as apparel that’s “disruptive to the teaching and/or learning environment by calling undue attention to oneself.” They are also seeking compensatory, nominal and punitive damages.
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