Nixon v. Northern Local School Dist. Bd. of Educ., 2:04-CV-1149.
| Decision Date | 18 August 2005 |
| Docket Number | No. 2:04-CV-1149.,2:04-CV-1149. |
| Citation | 383 F.Supp.2d 965 |
| Parties | James NIXON, et al., Plaintiffs, v. NORTHERN LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
David R. Langdon, Cincinnati, OH, Frederick H. Nelson, American Liberties Institute, Orlando, FL, for Plaintiffs.
Richard Wayne Ross, Means Bichimer Burkholder & Baker, Columbus, OH, for Defendants.
Plaintiffs James Nixon, John Nixon, and Cathleen Nixon seek a preliminary and permanent injunction (Doc. 3) against defendants Northern Local School District Board of Education, Jack Porter, Tom Dorman, and Rich Warren.1 Specifically, plaintiffs seek to enjoin the defendants from enforcing Sheridan Middle School's policy prohibiting plaintiff James Nixon from wearing a specific T-shirt to school. Plaintiffs also seek nominal damages. For the following reasons, the Court GRANTS plaintiffs' motion for a preliminary and permanent injunction.
It is reasonable in this day and age that school officials would be concerned about the general effect a shirt's message could have on other students. In light of the Columbine school shootings and other tragic attacks that have happened on school grounds, the Court wholly understands that school administrators and staff must be extra vigilant in protecting students. School personnel who make these difficult decisions may not be familiar with the intricacies of First Amendment jurisprudence. Indeed, the Court respects the problems schools face on a daily basis, but it also has a duty to uphold the constitutional principle of free expression. Put simply, the Court's decision is a recognition of a student's right to freely express himself within the boundaries of the Constitution, and not an admonishment of the well-intentioned actions school officials take to ensure a stable educational environment. The Supreme Court said it best in Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969):
It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years.
Plaintiff James Nixon ("James") is a minor currently residing with his parents in Licking County, Ohio. James is entering the eighth grade at Sheridan Middle School ("Sheridan") located in Thornville, Ohio. Sheridan is a public middle school comprising sixth, seventh, and eighth grade students with a total enrollment of approximately 570 students.
Plaintiffs John and Cathleen Nixon are the natural parents of James Nixon and reside in Licking County, Ohio. The Nixon family has resided within the boundaries of the Northern Local School District for eight years. The Nixons hold strong Christian beliefs and have attended two nondenominational churches during their eight years in the district.
Defendant Northern Local School District Board of Education ("Board of Education") is a political subdivision of the State of Ohio and is responsible for providing public education to students attending its schools. Sheridan Middle School is located in the Northern Local School District and is governed by the Board of Education.
Defendant Jack Porter is the superintendent of the Northern Local School District. Defendant Tom Dorman is principal of Sheridan Middle School. He is the chief administrator of the middle school and supervises all teaching and nonteaching staff members. Mr. Dorman reports to superintendent Jack Porter. Defendant Rich Warren is the assistant principal of Sheridan Middle School. His job responsibilities include handling disciplinary and attendance matters. Mr. Warren reports to principal Tom Dorman.
The facts of this case are largely undisputed and the parties agree that an evidentiary hearing is not necessary.
Plaintiff James Nixon and his mother attended a church camp meeting in August 2004 where they purchased a T-shirt with written messages on the front and back (the "T-shirt"). The front of the shirt says:
INTOLERANT
Jesus said ... I am the way, the truth and the life.
The back of the shirt contains the following statements:
Homosexuality is a sin!
Islam is a lie!
Abortion is murder!
Some issues are just black and white!
The T-shirt is black with white lettering.
Prior to the first day of the 2004-2005 school year, James informed his parents that he wanted to wear the T-shirt to school. Mr. Nixon warned his son that because of the nature of the statements printed on the T-shirt, he might receive some opposition at school. Mr. Nixon also told James that if someone asked him to remove the shirt and James was not satisfied with the reason, then he could refuse to remove it. Finally, Mr. Nixon instructed James to call home if he was uncomfortable with the situation at school.
James wore the T-shirt on the first day of school, September 1, 2004. After third period, a Sheridan guidance counselor saw the back of the shirt as James was standing near his locker. The guidance counselor told James that the T-shirt was inappropriate for school and asked him to remove it or turn it inside-out. James refused to do either. The guidance counselor then escorted James to the principal's office.
The assistant principal, Rich Warren, met with James in his office. Mr. Warren agreed with the guidance counselor and informed James that the message on his shirt was offensive and inappropriate. Unless James removed the shirt or turned it inside-out, Mr. Warren would prohibit him from returning to class that day. James informed Mr. Warren that he would neither remove the shirt nor turn it inside-out since he saw nothing inappropriate about the shirt's message and since his parents had given him permission to wear the shirt to school. Mr. Warren then had a telephone conversation with James' father explaining that the T-shirt was offensive and was a violation of school policy. Mr. Warren told Mr. Nixon that if James did not turn the T-shirt inside-out or remove it, James would not be permitted to return to class that day. Since Mr. Nixon refused to direct James to comply with the school's request, Mr. Warren told Mr. Nixon that he could either pick James up from school or Mr. Warren would assign James to an alternative school for the day.
When Mr. Nixon arrived to pick up James, he spoke to Mr. Warren but could not reach an agreeable solution. Mr. Nixon next spoke to the school principal, Tom Dorman, who concurred with the others concerning the offensive and disrespectful nature of the T-shirt. Mr. Dorman indicated that James needed to remove the shirt or turn it inside out. Further, Mr. Dorman told Mr. Nixon that if James returned to school wearing the T-shirt he would be suspended. Mr. Nixon refused to leave the school until he received a satisfactory answer as to why the shirt was offensive. Upon Mr. Nixon's refusal to leave school property, Mr. Dorman called the Perry County Sheriff's Office and a deputy sheriff arrived and took Mr. Nixon's statement. Eventually, James and his father left the school premises.
Still unsatisfied, John and Cathleen Nixon met with superintendent Jack Porter and principal Dorman on September 7, 2004. At this meeting, Mr. Dorman reiterated that James' T-shirt violated the school's policies. Superintendent Porter agreed and supported Mr. Dorman's decision to suspend James if he wore the shirt to school again. Plaintiffs initiated the present action several months later.
The school district's student handbook, under the section "Dress And Grooming," provides in relevant part the following rule: (Joint Ex. 1, p. 5). Likewise, under the section "Disruption of Educational Process," the handbook provides that "any actions or manner of dress that interfere with school activities or disrupt the educational process are unacceptable."2 (Joint Ex. 1, p. 8). The school must exercise discretion in choosing which shirts violate the school's policy. In the past, the school has invoked this policy and asked other students to remove T-shirts with inappropriate messages. Some examples are shirts that advertise alcohol, a shirt stating "You wear your X and I'll wear mine," a reference to Malcolm X, a shirt depicting a rebel flag, and a shirt with the Playboy Bunny logo. Students wearing these T-shirts have complied with the school's request to change their shirts. On the other hand, school officials allow potentially controversial T-shirts when they do not believe the shirts violate school policy. Examples are shirts that contain names of modern bands, such as "Slipknot," "ICP" (Insane Clown Posse), "The Dark Carnival Presents Insane Clown Posse," and "Insane Clown Posse." The school has also allowed a shirt containing a picture of President Bush with "International Terrorist" on his forehead asking "Which Side are You On?" Finally, the school permitted a shirt that says "For Good Luck Rub My Belly."3
There is no evidence that James' T-shirt caused any disruption at the school. James had never been disciplined for violating the school's policy before. He has worn other shirts to school that contain religious messages such as "WWJD" referring to the phrase "What Would Jesus Do?" James has not worn the prohibited shirt in question since the day he was confronted about it.
The parties fully briefed the issue of preliminary injunction and the Court initially set a hearing for March 15, 2005. The Court subsequently granted the parties' joint motion (Doc. 18) to push back the hearing and combine the...
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