Board member not ‘happy’ with Supreme Court appeals decision but ‘comfortable’

i heart boobies bracelet
Credit: Dennis Vu Photography for Unleashed Media

One Easton Area School District board member said that while the council as a whole was not necessarily happy with the decision to file a petition with the U.S. Supreme Court in the 2010 I (heart) boobies bracelet case, they were comfortable with it.

“The evidence presented to us by the solicitor showed us that doing the appeal would bring the most benefit to our district,” said Baron Vanderburg, one of seven board members who voted to appeal to the high court after a federal court did not uphold the district’s decision to ban the bracelets.

Two girls, aged 12 and 13, in 2010 were suspended by the district for wearing the rubber bracelets, which are intended to promote breast cancer awareness. The school board at the time — only three of the current nine members sat on the board then — claimed they are of a lewd nature.

The students and their parents fought the decision at the Circuit Court of Appeals, which had ruled in favor of the girls.

In August, the U.S. Court of Appeals for the Third Circuit upheld a previous injunction preventing the school district from enforcing a ban on the bracelets. The American Civil Liberties Union of Pennsylvania had called that a “groundbreaking decision.”

The decision marked the first time a federal appeals court has ruled student commentary on political or social issues is protected by the First Amendment, even if that speech contains language that some could consider lewd.

This week, the school board voted 7-1 to allow district solicitor John Freund to file a petition to the Supreme Court. Freund did not immediately return a request for comment; however Vanderburg said those in attendance at the Tuesday school board meeting had mixed views on the decision.

“A lot of the comments are pointing toward the district letting go of the case and not pursuing an appeal,” he said. “At the same time, we’ve also had some people who have said, ‘Right on.’”

Vanderburg said the school board has been doing damage control since the case began three years ago. “We’re … fixing a situation from a long time ago. We are doing what we feel is necessary for the district.”

The lone board member who voted no against the appeal told newspapers it should be let go. Vanderburg agreed, saying he’d “love to see this thing go away,” but said it was made clear to board members that the district needed to go through with the appeal process.

Follow Metro Philadelphia on Twitter: @metrophilly

Follow City Editor Christina Paciolla on Twitter: @cpaciolla

Follow Metro Philadelphia on Facebook: Metro Philadelphia



News
Entertainment
Sports
Lifestyle
Local

Interfaith leaders denounce anti-Muslim harassment in Brooklyn

Community leaders of all faiths gathered in Brooklyn on Tuesday to push back on what they described as hateful acts against the local Muslim community.

National

Parched Texas town turns to sewage water to…

By Marice RichterDALLAS (Reuters) - When the going got tough due one of with worst droughts in a century, the parched Texas city of Wichita…

International

NYPD: Robber makes elderly man drive to Queens…

A robber grabbed an elderly man's neck outside a Queens supermarket, stole his wallet and made him drive to ATMs for withdrawals last week, police said.

Local

Tattooed, bearded suspect sought in Williamsburg bike theft:…

The suspected thief faces grand larceny charges after investigators said he entered the building on North 5th Street in Williamsburg.

Television

'Face Off' contestant David 'DOC' O'Connell sounds off…

David "DOC" O'Connell tells us about getting cast on Season 7 of Syfy's "Face Off," premiering tonight at 9.

Arts

PHOTO: Wildlife photographer Marc Mol captures amazing aerial…

This aerial image was taken by photographer Marc Mol who spotted the animals during an air safari in Zambia.

Arts

Theater: “Love and Human Remains” is like a…

"Love and Human Remains" is the worst show we've ever not walked out of.

Movies

Review: 'A Most Wanted Man' works better when…

In one of his last roles, Philip Seymour Hoffman headlines the John Le Carre adaptation of "A Most Wanted Man," about the pursuit of a Chechen refugee.

MLB

MLB Power Rankings: A's, Angels, Dodgers, Brewers lead…

MLB Power Rankings: A's, Angels, Dodgers, Brewers lead pack

NFL

2014 NFL season betting odds: Which team will…

2014 NFL season betting odds: Which team will win Super Bowl?

NFL

5 players to watch at Giants training camp

Metro takes a look at five players who will be on everyone’s mind when Giants training camp gets underway.

NFL

'Vicktory dogs' travel road to rehabilitation seven years…

Of the dozens of dogs groomed by Bad Newz Kennels, 48 were rescued and 22 of the pit bull terriers have emerged at Best Friends Animal Society.

Home

5 New Ikea products that will change your…

We round-up the latest must-have products.

Food

Recipe: Wolfgang Puck's Buttermilk French Toast

We recently spent some time chatting with restauranteur/celebrity chef Wolfgang Puck at his Wolfgang Puck American Grille in the Borgata in Atlantic City. Puck wanted…

Style

Go retro with your sneakers

The best of wacky new sneakers.

Parenting

Buy gently worn back-to-school clothes with Kidizen

Kidizen allows parents to buy and sell gently worn back-to-school clothes.