Rumler v. BOARD OF SCH. TR. FOR LEXINGTON CTY. DIST. NO. 1 SCHOOLS, Civ. A. No. 70-1080.

• Court: United States District Courts. 4th Circuit. United States District Court of South Carolina
• Writing for the Court: J. Means McFadden, of Robinson, McFadden, Moore & Pope, Columbia, S. C., for defendants
• Citation: 327 F. Supp. 729
• Parties: Stanley RUMLER, a minor, by his Father and Next Friend, Harold Rumler; Frankie Nichols, a minor, by his Father and Next Friend, James Nichols, on their behalf and on behalf of all those similarly situated, Plaintiffs, v. BOARD OF SCHOOL TRUSTEES FOR LEXINGTON COUNTY DISTRICT NUMBER ONE SCHOOLS, Defendants.
• Docket Number: Civ. A. No. 70-1080.
• Decision Date: 17 May 1971

327 F. Supp. 729

Stanley RUMLER, a minor, by his Father and Next Friend, Harold Rumler; Frankie Nichols, a minor, by his Father and Next Friend, James Nichols, on their behalf and on behalf of all those similarly situated, Plaintiffs,
v.
BOARD OF SCHOOL TRUSTEES FOR LEXINGTON COUNTY DISTRICT NUMBER ONE SCHOOLS, Defendants.

Civ. A. No. 70-1080.

United States District Court, D. South Carolina, Columbia Division.

Heard March 25 and 26, 1971.

Decided May 17, 1971.

327 F. Supp. 730

Jack F. McGuinn, and Laughlin McDonald, Columbia, S. C., for plaintiffs.

J. Means McFadden, of Robinson, McFadden, Moore & Pope, Columbia, S. C., for defendants.

HEMPHILL, District Judge.

By their complaint filed December 4, 1970, and supplemental and amended complaint filed December 21, 1970, plaintiffs seek a judgment declaring that the regulations of the Board of Trustees covering the appearance of those students attending high schools in Lexington School District No. 1 violate the First, Eighth and Fourteenth Amendments and the right of privacy contained in the Bill of Rights to the Constitution of the United States and that such regulations are unconstitutional. They ask injunctive relief enjoining the Board of Trustees, (referred to hereinafter as Trustees), from disciplining any students for violation of these regulations; or, in effect, enjoining the Trustees from enforcing

327 F. Supp. 731

the school regulations prescribing the standards of appearance to which the students must conform

The regulations as to appearance of students are partially set out in paragraph 9 of the supplemental and amended complaint; and, in parts pertinent to the instant issues, are as follows:

STUDENT DRESS AND APPEARANCE¹

People exhibit a rebellious and disturbing attitude in many ways. One of the most subtle but most telling and distractive ways is through oddities in dress and appearance. Such oddities constitute an outer symbol of inner turmoil. Very little positive good for anyone arises out of such influences.

1. Students are expected to come to school with conventional dress.

2. Extreme fads in clothing and grooming will not be tolerated.

3. Students are expected to be clean and neat. This means that boys will be clean shaven and that they will secure haircuts in keeping with conventional standards.

4. If there are students who are unable to afford these requirements, the school will try to assist in finding ways to finance them.

For purposes of orientation as to the background, this court first catalogues the procedures leading to this decision.

THE PARTIES

Plaintiff Stanley Rumler is seventeen years of age, and is in the senior class at Lexington High School. Plaintiff Frankie Nichols is sixteen, and is in the eleventh, or junior class, at Lexington High School. Their fathers, respectively, represent them because of their disabling minority.

The original complaint named the members of the Board of Trustees of Lexington School District No. 1² as defendants along with the Superintendent of the district, and three alleged principals of the district high schools. In a supplemental and amended complaint the defendants were designated, in the caption, as the "Board of School Trustees for Lexington County District Number One Schools", and alleges that the superintendent and principals are agents of the Board. This complaint admits the statutory authority of the Board to have district superintendents act for the Board.³

PROCEDURE

This is another "haircut" case, similar to those pitched in various federal forums of this country by minors, usually teenage

327 F. Supp. 732

adolescents,⁴ seeking to substitute their desires for the disciplinary judgment of their elders having responsibility for school administration. The original complaint, filed December 4, 1970, asked for a Temporary Restraining Order, pending a hearing, to be issued enjoining and restraining the defendants from enforcing or threatening to enforce the school regulation. This court refused to issue an injunction ex parte, but attempted to expedite, by issuing, on December 8, 1970, its Rule to Show Cause requiring defendants to appear January 4 and show cause why the preliminary injunction should not be issued. Conflicting schedules caused postponement of the hearing until January 6, 1971. At that hearing no evidence was presented and, on the basis of the apparent facts and applicable law, the court denied plaintiffs' motion for a preliminary injunction⁵ orally from the bench, and issued a written order confirming such oral denial on January 11, 1971, filed the same date, having delayed while the court was engaged in a trial by a jury when the motion was heard and for the remainder of the week

Shortly thereafter there appears to have been a conference between Chief Judge Haynsworth and the attorneys representing the parties herein, as a result of which plaintiffs cut their hair to comply with the regulations, were admitted to school, and special arrangements were made by the school officials to permit them to catch up with classes missed, and to take late and special examinations.

Also, a speedy appeal to the Court of Appeals was arranged.

The record herein contains a Notice of Appeal, filed January 14, 1971, from the order of this court of January 11, 1971, which refers to directions from the Chief Judge, that the entire record,⁶ together with the briefs for the petitioners, be filed with the Court of Appeals not later than January 20, 1971, and that the brief of defendant-appellee be forwarded to that court no later than January 29, 1971. The notice of appeal also recites that no evidence was taken when the motion for the temporary or preliminary injunction was heard; but that, at the direction of Chief Judge Haynsworth, some fourteen or fifteen exhibits, consisting mostly of photographs and affidavits, be forwarded to the Court of Appeals for inclusion in the record.

After a hearing on February 3, 1971, the Court of Appeals for the Fourth Circuit issued its Per Curiam decision, 437 F.2d 953, in which, inter alia, it said:

This is the first long hair case to reach the Fourth Circuit but it comes to us factually undeveloped. * * * Applying standard rules of procedure, 3 Barron & Holtzoff, Federal Practice & Procedure, § 1431 et seq. (Wright ed.), we affirm without reaching the merits.

* * * We think the court below should advance this case on the calendar so that a final decision will predate appellants' next involuntary trip to the barber shop.

The district court's denial of a preliminary injunction is hereby Affirmed.

It appears that, at the conference (or hearing) before Chief Judge Haynsworth, attorneys for the parties agreed to try to work out a temporary arrangement whereby plaintiffs would cut their hair to conform to the school regulations, and the school authorities would give them extra time and special assistance to get ready for the term examinations, which were imminent, and this was done.

327 F. Supp. 733

Pursuant to the directions of the Court of Appeals,⁷ this court set a date for hearing this case on its merits at the first date possible in view of court commitments, and the parties presented their witnesses and exhibits on March 25 and April 2, 1971, in court, concluding on the afternoon of April 2nd.

Paragraphs 5 and 6 of the supplemental and amended complaint allege that defendant is the Board of School Trustees of Lexington County District Number One, and is also the Board of Education of Lexington County. The answer denies that defendant is the Board of Education of Lexington County; and it appears that defendant is not both bodies. Defendant actually is the Board of Trustees for Lexington County School District No. 1, created and acting by Section 21-3411, South Carolina Code of 1962, as amended by Act No. 72 of the Acts of the General Assembly of South Carolina of 1967. The Lexington County Board of Education is created and exists by virtue of Section 21-3401, South Carolina Code of 1962. There are a number of school districts in Lexington County, and District Number One comprises the schools at Lexington, Pelion and Gilbert, attended by pupils in those attendance areas. Neither of plaintiffs have attempted pursuit of their remedies through administrative channels, nor asked for a hearing before the Board of Trustees. Neither has instituted any action in state court.

TESTIMONY

It is undisputed that on November 10, 1970, when plaintiff Rumler, who had been previously told by the high school principal that the length of his hair violated the regulations, was told that he was not to come back to school until he obtained a haircut that did comply. He seems to have hurt his leg that afternoon, and next presented himself at school on December 2, 1970 * * * with his hair still unshorn. He was told that he could not remain in school, refused to have his hair cut, and telephoned for his mother to come for him, telling her on her arrival, "Let's go get that lawyer." He testified that he had previously been in touch with a lawyer representing the A. C. L. U., who had stated that he would be represented in the contemplated action without cost to him or his family, and that he had this action in mind when he presented himself at school on December 2, 1970. The original complaint herein was filed on December 4.

Plaintiff Rumler did not get his hair cut, and remained suspended from school for the remainder of 1970. During that time plaintiff Nichols kept his hair cut to conform to the regulations — albeit unwillingly — and remained in school. When school resumed after the Christmas holidays, Rumler presented himself at school with something of a haircut; but, as it still was not in compliance with the regulations, he was sent home. At the same time Nichols came to school with hair that violated the prescribed length, and he was sent home until he got a haircut. At the initial hearing before this court, on January 6, 1971, neither plaintiff was...