Constitutional Law
Kindergartener Wins Court Battle Over Long Hair
Posted Jan 22, 2009 4:42 PM CST
By Martha Neil
A kindergartener in Texas may continue to wear his hair long, a federal judge has ruled, apparently finding that the school district's policy of requiring the child to conceal his braids and isolating him in special classes when he didn't do so violated his constitutional rights.
The father of five-year-old Adriel Arocha is a following a native American religious practice by having the boy wear long hair, as he himself also does, reports the Houston Chronicle.
"Adriel’s father, Kenney Arocha, who is part Apache Indian, says that he considers his hair sacred—not to be cut except during major life events, such as the death of a loved one," the newspaper explains.
The American Civil Liberties Union joined with Arocha in the suit, which resulted in a temporary injunction being issued against the Needville Independent School District policy in October followed by a permanent injunction this week.
- How B of A’s GC Got Fired: Leave Now, and Leave Your BlackBerry Behind
- Schools Ranked by 'Super Lawyers' Produced
- Law Firm Price Wars Break Out as Some Try ‘Loss Leader’ Bids for Work
- Five Questions for Law Firms Abandoning Lockstep Compensation
- Judge Jails 2 Attorneys for Contempt in 4 Days
- Reed Smith Will Ask Nonequity Partners to Pony Up Possibly 15% of Pay
- Court Deputy Ordered to Apologize or Face Jail After Taking Lawyer's Paperwork
- Skadden Jumps on the Bonus Bandwagon
- ABA Executive Director Resigns
- Nasty Attitude to Co-Worker, Naughty Word in E-Mail Cost 2 Their Jobs
Should Supreme Court Justices Be Able to Review News Accounts Before Publication?
Comments
Bird Smack
Jan 22, 2009 10:47 PM CST
I bet Big Law was representing the school district. Big Law is always on the side of evil. Bad Big Law, Bad!
Flag this comment
Allen Sheketovits
Jan 23, 2009 6:57 AM CST
Someone using religion as a basis for nonconformance? This is the american way. Long live the american way. It is only here that a yutz like me can meet a lovely girl like Ellen. Oy!
Flag this comment
Ronnie
Jan 23, 2009 8:50 AM CST
Really Allen? Using religion as a basis for nonconformance [sic]? Let’s discuss why a school district would bar long hair on boys only anyway! How is that not discriminatory REGARDLESS of religion? Please explain that one to me. My word, who gives a good goddarn if the hair is long or not? Who is this kid hurting?
Flag this comment
J.D.
Jan 23, 2009 9:15 AM CST
The person that sits behind him, maybe.
Flag this comment
B.E.
Jan 23, 2009 9:27 AM CST
School rules have become absurd these days. They think by regulating what the children look like they’ll stop the next Columbine. NEWS FLASH: There were ‘outcast’ kids WELL before that time, I think at my school they were either the Goths or the theatre kids… maybe even the band geeks…
How about teaching children tolerance and educating them on how to be better people? No one wants to be accountable for educating children in what really matters in life. It seems schools have forgotten, for example, that teaching about the Holocaust and Slavery was supposed to be about making sure students understood the horrors in racism, hatred and genocide, not just forcing them to memorize names and dates.
Flag this comment
Migraine =)
Jan 23, 2009 10:53 AM CST
Way to go kid! SOME of the rules in school are important as kids now try to distract and get attention by wearing inappropriate clothing and not standing for the Pledge of Allegiance. That being said, long hair rules are overkill, especially since it seems to be “in” right now.
Flag this comment
B. McLeod
Jan 23, 2009 3:33 PM CST
Probably a small or medium sized firm was representing the district. Most public entities can’t afford Big Law, especially for cases where there is no prospect of actually recovering any funds for the public entity’s treasury.
Flag this comment
Jessica
Jan 24, 2009 12:34 PM CST
i agree whole-heartedly with B.E.‘s comment. we need to be teaching our children how to view one another as fellow humans instead of superficial labels.
Flag this comment
Pledge To This
Jan 24, 2009 6:09 PM CST
Migraine: thankfully, and rightfully, there is no law requiring Americans to stand for the pledge of allegiance. An American is protected by the Constitution in choosing whether or not he wishes to participate. Vilifying a student for exercising his rights is just as bad as suspending this kid for having long hair.
I choose to stand for the pledge, but I also support any other American’s decision to the contrary.
Flag this comment
John
Jan 25, 2009 7:20 AM CST
did you people even read the dam n story, the kid is native american, indian or aborigional if you whiteys don’t know, his father wants him to wear his hair long as explained in the artcle he is in kindergarten so he isn’t a non-conformist yet, it REALLY is an actual religous practice that people in my family actually practice so it is a hate crime to make fun of it.
Flag this comment
El Aphant
Jan 25, 2009 8:38 AM CST
We don’t read the story, John, we just spout off half cocked. As lawyers, we are permitted to do so.
Flag this comment
Some people need to find a REAL hobby
Jan 25, 2009 3:54 PM CST
I hope they ban you next, Sheketovits.
Flag this comment
Loyal Reader
Jan 30, 2009 11:52 PM CST
Allen, tell Ellen I miss her comments! I hope she is simply too busy lawyering and impressing her boss to comment here lately. But you tell her that her loyal readers and fans hope she keeps posting. We all need a little Ellen and Allen to brighten our days.
Flag this comment
Add a Comment
We welcome your comments, but please adhere to our comment policy.
Commenting has expired on this post.