Students Suspended For Wearing Shirts With American Flags Flag Bans Enacted At Shaw Heights Middle, Skyline High POSTED: 2:13 pm MDT April 6, 2006 UPDATED: 8:17 pm MDT April 6, 2006 DENVER -- Several students at Shaw Heights Middle School have been disciplined for wearing shirts that depict the American flag, an act that is in direct violation of the public school's recent ban on all flags, depictions of flags, or flag colors on student clothing. One student said he was suspended for wearing a DARE program shirt with a flag behind the logo. Another student said she was sent home for wearing a Marine Corps shirt. Elizabeth Haas, told reporters that she was told to turn her Marine Corps shirt inside out and when she did and then turned it back the right way, she was suspended. Haas, an 11-year-old sixth grader, said that she wears a USMC shirt every day to support her brother, who is in the Corps, and she wasn't aware of the ban until she was suspended. All of the students who were suspended said they had a connection to the military -- either they have a family member now serving or someone in the family had once served. They said despite the school ban, and even if it means another suspension, they will continue to wear their shirts. "I'm gonna going to school and wear another Marine shirt just to show that I support my brother and what he does," Haas said. The students' parents are behind them 100 percent and are willing to fight the schools' ban, saying that it's a fight that they are going to win. "I did let her (the principal) know that I would fight her on this because I knew I was right. And that's exactly what it is. We are right to wear our flag. We are right for my daughter to wear her United States Marine Corps shirt to support the Marines -- future, present and past," said Eric Golgart, who is the son of a U.S. Marine. Schools such as Shaw Heights in Westminster, Colo., and Skyline High School in Longmont, Colo., have enacted bans on all flags -- American and Mexican -- as a way to diffuse the confrontations students have engaged in because of the recent immigration debate. School officials say it's a safety issue. Shaw Heights Principal Myla Shepherd implemented the flag and clothing ban last week after several incidents, including one in which about 25 students wore camouflaged clothing on one day. In a letter sent home to parents Thursday, Sheperd said, "During the week of March 27th, students were observed exhibiting behavior that was interfering with instruction. This behavior appeared to be directly related to students' attire. Our goal at Shaw Heights Middle School is to provide a safe learning environment for our children/students. The neutral dress code that was implemented as a result of widespread student behavior has been very beneficial. "On Friday, March 31 we sent home a letter detailing the neutral dress code, specifically asking that students not wear the following: clothing that makes a political statement, camouflage clothing, and banners, flags or bandanas of any type. I would like to clarify the dress code, as there seems to be confusion about colors of clothing. Students may wear all colors -- red, white, blue, green, etc. They simply may not wear attire that displays a flag. We will continue to monitor student behavior and as the situation improves we will consider returning to our original dress code. " Shaw Heights has 650 students, of which about 46 percent are white and 41 percent are Hispanic. Last week students at Skyline walked out of class to protest the ban. "We're very angry. This is my country. They make me stand up and say the pledge of allegiance every day ... but then when I want to wave a flag they won't let me?" Skyline student Colyn Norwood said. Skyline High School Principal Tom Stumpf said he enacted the flag ban after American flags were brazenly waved in the faces of Hispanic students, and in one case, a Mexican flag was thrown into the face of another student. "The (policy) evolved because the flags were being used, not as a symbol of cultural heritage, but the flags were being used as symbols of bigotry, a symbol of hostility. They were being used to inflame different groups and we're simply not going to tolerate that at Skyline High School," Stumpf said. The schools fly the American flag in the classrooms and other areas. Students at Shaw Heights Middle plan to have a rally at 8 a.m. Friday in support of the students who have been suspended. Colorado Law Protects Display Of American Flag Because of this divisive issue, Colorado Attorney General John W. Suthers requested that a copy of Colorado Revised Statute 27-2-108.5, concerning the proper and legal display of the flag of the United States, be sent to all Colorado superintendents. "The statute is clear," said Suthers. "No Colorado school has the authority to prohibit students from reasonably displaying the flag of the United States on their person or property. While schools can and should act to prevent conduct by students that interferes with the education process, their remedy must be narrowly tailored and cannot include a general ban on displaying the American flag." C.R.S. 27-2-108.5 reads, "The right to display reasonably the flag of the United States shall not be infringed with respect to the display: (a) On an individual's person; (b) Anywhere on an individual's personal or real property." "I understand that they're trying to deal with rising tensions and I appreciate that, but they're going to have to find a way to do it without banning, in particular, the American flag," Suthers told 7NEWS. The American Civil Liberties Union is also sounding off on the issue. "The Colorado statute, however, applies only to American flags, which raises another constitutional issue. The Constitution prohibits what the case law calls 'viewpoint discrimination.' This means that the government cannot silence one side of a debate while allowing speakers who favor an opposing viewpoint. Thus, to the extent that personal display of American or Mexican flags now symbolizes opposing views on the current national debate about immigration issues, the Colorado statute cannot constitutionally protect the right of students to display the American flag while allowing a school to ban the display of a different flag," said Mark Silverstein, legal director of the American Civil Liberties Union in Colorado. On Wednesday, the state senate voted to withhold state grant money from schools that break the flag law. "I think what the Senate did was simply blow a whistle, if you will, and say, 'Wait a minute, you're going too far.' My guess is that that will be enough," said Sen. Andy McElhany, R-El Paso. http://www.thedenverchannel.com/news/8512988/detail.html

Senators Move To Protect Display Of Flag Lawmakers Say Schools That Ban Flag Won't Get State Grants POSTED: 12:51 pm MDT April 5, 2006 UPDATED: 5:02 pm MDT April 5, 2006 DENVER -- The Colorado Senate voted Wednesday to punish schools that ban respectful displays of the U.S. flag after a caustic partisan exchange among lawmakers shut down debate amid accusations of anti-Americanism. The measure was prompted by recent school bans on flag displays following tension surrounding the debate over illegal immigration. It was passed by a vote of 28-3, with four Democrats choosing not to cast votes, and will now go to the House. Debate earlier in the day was shut down after an angry exchange over patriotism and, after senators reconvened in the afternoon, Senate President Joan Fitz-Gerald warned that she would bring down the gavel on anyone who made a personal attack on another senator. Following immigration rallies across the state and nation, the principal of Longmont's Skyline High School banned all American and Mexican flags because they had been waved in the faces of Hispanic students and a Mexican flag was thrown into the face of another student. "The (policy) evolved because the flags were being used, not as a symbol of cultural heritage, but the flags were being used as symbols of bigotry, a symbol of hostility. They were being used to inflame different groups and we're simply not going to tolerate that at Skyline High School," Principal Tom Stumpf told 7NEWS. About 100 students walked out last week to protest the school's new ban. "What we want to know is since when was it against the rules to have an American flag on a car, in a car, in your hands in a school?" Skyline student William Cassity had asked. At Shaw Heights Middle School in Westminster, the principal called for a neutral dress code. She said students can no longer wear flags, flag colors, or anything depicting the American flag until student behaviors are modified. She told parents in a letter that student safety is paramount and that the ban was a temporary fix. Prompted by debate and discussion on talk radio and on the Web, Republican leader Sen. Andy McElhany of Colorado Springs proposed denying state grants to any school that bans the display of the flag or wearing clothing that depicts the flag or is in the colors of the flag. He said students should have the right to put a flag on their backpacks or on their cars, something he doesn't consider a threat. "This is our country. This is America. This is the American flag we're talking about. We certainly don't want to get to the point where we strip the country of its personality, what its symbols are," McElhany said. Some Democrats said they would support the amendment after it was changed to protect students' respectful display or wearing of the flag. But Sen. Ron Tupa, D-Boulder, defended Stumpf's decision because he said the school's safety was at stake. Sen. Jim Dyer, R-Centennial, called that the "plangent cry of the left" and said liberals were trying to equate the flag with something dangerous. Sens. Bob Bacon of Fort Collins and Ken Gordon of Denver took that as an attack against liberals' patriotism. Gordon said he objected to Dyer making the debate a partisan one. "There are no members of my caucus that are any less patriotic than on your side of the aisle," Gordon said angrily. He had helped rewrite the amendment. Dyer responded "Thank you for that display of petulance, Senator Gordon." He said the left has been weak on patriotism. Debate was then stopped and Gordon, the Democratic leader, said the Senate would adjourn for meetings about the state budget and reconvene in the afternoon, when the tone was more subdued. Fitz-Gerald opened the afternoon session by reading the rules governing Senate debate. Sen. Jennifer Veiga, D-Denver, said she thought the amendment would protect school officials who impose restrictions in cases like the confrontation at Skyline High School on Friday because it protects only the respectful display of the flag by students. Sen. Peter Groff, D-Denver, said he opposed the amendment because of the "respectful" provision. He said principles the flag stands for allows Americans to treat the flag anyway they want. "We should have the passion and the vigor in this well to defend the principles behind that flag," said Groff, who voted against the amendment. Sen. Dan Grossman, D-Denver, was the other no vote. The four Democrats who didn't cast votes were Sen. Abel Tapia of Pueblo, Sen. Stephanie Takis of Aurora, Sen. Bob Hagedorn of Aurora and Sen. Paula Sandoval of Denver. http://www.thedenverchannel.com/news/8487761/detail.html

Several schools recently banned the dispaly of national flag
Several schools recently banned the dispaly of national flags Two girls hold a Confederate flag while driving past a group of students protesting a flag ban across from Skyline High School in Longmont, Colo., Friday. Skyline principal Tom Stumpf said he enforced a no-flag rule this week, in response to students "inappropriately" using U.S. and Mexican flags to intimidate others. By Tom Kenworthy, USA TODAY DENVER — Several schools in Colorado, Arizona and California recently banned the display of national flags and the wearing of clothing with patriotic symbols as the divisive national debate over immigration has brought angry confrontations between Latino and Anglo students. The bans have prompted protests by parents, stirred local debates over free speech and its limits, and caught the attention of civil liberties advocates. In Westminster, Colo., tensions between middle school students wearing camouflage clothing to show support for troops in Iraq and others wearing bandanas patterned after the Mexican flag triggered an order amending the school's dress code. "Some clothing worn by some of our students has created a tense and sometimes hostile environment in our school over the past few days," Shaw Heights Middle School Principal Myla Shepherd wrote in a letter to parents. She banned "clothing that makes a political statement," camouflage clothes and "banners, flags, bandanas of all types" at the suburban Denver school. The dress code "is temporary and will be continually evaluated," said Deb Haviland, spokeswoman for the Adams County school district, which includes Westminster. In Longmont, Colo., about 25 miles north of Denver, the principal of Skyline High School last week banned temporarily the display of Mexican and U.S. flags by students. Principal Tom Stumpf said some students used the U.S. flag to express hostility to Hispanic students by waving it in their faces. Longmont schools are on spring break this week, and Stumpf did not respond to messages left at the school. In Apache Junction, Ariz., the superintendent banned the display of flags on clothing following a dispute between students at Apache Junction High School over flying the U.S. and Mexican flags from a school flagpole. Within hours of issuing the ban on Friday, he relented after protests by parents. "There's a lot of tension with the immigration issue going on, but this transcends that issue," said Mike Burk, who protested the short-lived ban at the school attended by one of his sons. "You don't handle it by banning the American flag." Carol Shepherd, spokeswoman for the Apache Junction schools, said, "After listening to the community and the students, (Superintendent Greg Wyman) reviewed the situation and decided to revise the ruling and allow flags to be worn with the caveat that ... anyone using them to incite other students would be subject to discipline." In Oceanside, Calif., superintendent Kenneth Noonan closed middle and high schools last Thursday following a walkout by 650 students over immigration legislation in Congress. In a letter to parents, he barred students from wearing "items that could be disruptive" and banned flags, placards and signs on school grounds. "It's a temporary ban," said Oceanside schools spokeswoman Laura Chalkley. Kevin Keenan, head of the American Civil Liberties Union in San Diego, said in a statement posted on the group's website that school officials should "insure protection for those activities protected by the First Amendment." Contributing: The Associated Press http://www.usatoday.com/news/nation/2006-04-06-immigration-flags_x.htm