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'I (heart) boobies' case officially over with settled payout to ACLU

A lawsuit filed by two Easton middle school students in 2010 over rubber bracelets will come to a conclusion with a payout of $385,000.

An 'I (heart) boobies' bracelet like the one that sparked this lawsuit in 2010. Credit: Metro file photo An 'I (heart) boobies' bracelet like the one that sparked this lawsuit in 2010. Credit: Metro file photo

A lawsuit filed by two Easton middle school students in 2010 over rubber bracelets will come to a conclusion with a payout of $385,000 to ACLU attorneys.

The right of students to wear plastic bracelets stating "I (heart) boobies" to raise awareness of breast cancer was made official in summer 2013.

Students Brianna Hawk and Kayla Martinez were middle school students in October 2010 when they wore the wrist bands to school and were subsequently suspended.

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They sued the school district, claiming their freedom of speech was being violated, and won in federal court on the grounds that the bracelets were a social, political statement.

The school appealed but the U.S. Court of Appeals for the 3rd Circuit upheld that decision in August 2013.

After a vote by the Easton school board in October they appealed to the Supreme Court, which court announced that they would not bearing an appeal of that decision in March.

The ACLU and Easton school district negotiated a $385,000 payment to the ACLU to pay their attorney's fees incurred during the lawsuit, the Morning Call reported.

The funds will reportedly be paid out by Easton taxpayers in three installments over the next 10 months.

The $385,000 attorney's fee figure was reportedly reached as a settlement between the Easton school district and the ACLU.

 
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