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
National

Florida man charged with murdering son to play…

A Florida man annoyed that his 16-month-old crying son was preventing him from playing video games suffocated the toddler, police said on Friday.

International

Powerful 7.2 magnitude earthquake rattles Mexico

A powerful earthquake struck Mexico Friday, shaking buildings and sending people running into the street, although there were no reports of major damage.

News

OMG! Exercise can make skin (and butt) look…

A moderate exercise regime can turn back time and actually reverse the skin's aging process, according to new research. The study showed that a minimum…

Local

Oval oasis: Summer of fun kicks off this…

A bold partnership between the Fairmount Park Conservancy and the city's Parks and Recreation Department is kicking off this weekend with family activities re-activating this unused public space.

Entertainment

Whoopi Goldberg makes her debut as marijuana columnist

"It helps my head stop hurting, and with glaucoma your eyes ache, and she takes the ache out. It's wonderful," she said.

The Word

Kate Middleton made fun of Prince William's bald…

Kate Middleton and Prince William are in Sydney, Australia, right now, and it sounds like that brash Aussie sense of humor might be rubbing off.

The Word

Is Tom Cruise dating Laura Prepon?

"Mission: Impossible" star Cruise is said to be dating Laura Prepon, star of "Orange is the New Black."

Television

'Scandal' recap: Season 3, Episode 18, 'The Price…

Sally is Jesus, Olivia caused global warming, and Mellie's still drunk. Let's recap the Scandal finale. A church full of Washington insiders is about to…

MLB

Jimmy Rollins is key to Phillies success

When John Kruk was asked about what the Phillies need to contend for a playoff berth, the ESPN analyst said Jimmy Rollins needs to play like a MVP again.

MLB

Ben Revere lifts Phillies to avoid sweep

Ben Revere came through with a two-out RBI single against Atlanta’s tough lefthander Alex Wood.

NBA

Season wrap: 76ers make the grade

The 76ers opened the 2013-14 season with a victory over the Miami Heat. The Sixers closed the season with a win at Miami.

NBA

Fantasy basketball: Finding next year's NBA studs

Before we put the 2013-14 fantasy basketball season to bed, it’s worth thinking about next year’s breakouts while they’re fresh in our mind.

Tech

VIDEO: 'Vein-scanning' may become the future of paying

Designed to make transactions quicker and easier, the technology works by scanning the unique vein patterns in each person's palm.

Tech

#FollowFriday: 10 of the smartest Twitter accounts

Spending lots of time on Twitter? You might as well learn something. Here are some of the smartest accounts to follow.

Style

Light-up nail art syncs with phone

This Japanese technology syncs light-up nail art with your phone.

Wellbeing

Why is dance cardio taking off in NYC?

Instructors at some of the city's hottest classes explain why.