Dorla
05-12-05, 10:33 AM
This happened at my high school!! I attached the story from my home town newspaper, but it's also on AP (http://news.yahoo.com/news?tmpl=story&u=/ap/20050512/ap_on_fe_st/prom_dress_dispute_2), USA Today (http://www.usatoday.com/news/nation/2005-05-12-prom-dress_x.htm?csp=34) and others. The home town one has a bit more info.
Badger student battles for rights (http://www.lakegenevanews.net/1editorialbody.lasso?-token.folder=2005-05-12&-token.story=125306.112112&-token.subpub=)
May 12, 2005 - By Lisa Seiser/Lake Geneva Regional News
Badger High School senior Kerry Lofy didn't see anything wrong with wearing a formal dress to prom Saturday night, but he said school leaders didn't agree with his self-expression.
Now, Lofy is taking his claims of a First Amendment rights violation to the local newspapers and television media.
Lofy was expected to talk to a Milwaukee television station Wednesday afternoon about what happened at the prom involving the Badger administration and Lofy's belief that his free speech rights were denied. Lofy also has contacted the American Civil Liberties Union.
Lofy said he was thrown out of the prom Saturday during the "dance-off" when he took off the tuxedo which was covering the dress he was wearing underneath. He was immediately removed from the Riviera by school officials.
The next day, Lofy received a three-day out-of-school suspension. He also was cited for disorderly conduct.
"I want to get my story out there as to how unfair and unjust the school is," Lofy said. "There are laws in my favor."
Lofy said he should have been able to wear a formal dress to the prom if he wanted to.
"The school is out of line on this," Lofy said. "They have no rights to stop me from going to prom in my chosen outfit."
School officials, including Superintendent Dr. James Gottinger disagreed with Lofy's belief his First Amendment rights were violated.
"It is not a right to be able to go to prom or participate in sports," Gottinger said. "We get to set the standard of appropriate dress."
Based on a case in 1969, which dealt with students who wore armbands to a school in Des Moines, Iowa, to silently protest the Vietnam War, the U.S. Supreme Court said that Constitutional rights to extend to students when they are on public school property.
The Tinker vs. Des Moines Independent School District case Supreme Court decision stated that First Amendment rights of freedom of speech should not be shed by students or teachers when they enter the school.
However, the Supreme Court also stated in the case that public schools must justify any attempts to suppress or punish speech. According to the ruling, they cannot stop or punish speech solely because they find it offensive, but they can regulate speech when they show that the expression would cause a "substantial disruption of or material interference with school activities."
Gottinger said the administration believed Lofy's attire to be a disruption of the prom event.
"We have an event here that is to be special," Gottinger said. "I think a judgement was made by the administration that was appropriate. The dress was inappropriate, made a mockery of the event and was a disruption."
Lofy, who has worn dresses to other school functions, said he just wanted to do something different and get a laugh by wearing a dress and attending the event with his homosexual friend.
Days before the prom, the school administration's concern about Lofy's possibility of wearing a dress became apparent.
According to Lofy, last Thursday, Lofy purchased his tickets to the prom and asked what the dress code was.
He was told it was a formal dance and to wear appropriate clothing. At that time, he was told to not wear a dress to the event.
Lofy said on Saturday, he started to believe the school's demand for him to not wear a dress was wrong.
He wore the dress to the Riviera Saturday night and was not allowed in. Minutes later, after putting on a tuxedo over the dress, he was admitted into the event.
Throughout the evening, Lofy said teachers and chaperones were watching him closely.
Lofy said later in the night when the "dance-off" started, he decided to join. During the dance off, he was urged by his friends to remove his tuxedo to reveal the dress he was wearing underneath.
"The crowd was going crazy," Lofy said.
The excitement didn't last long, Lofy said, as the police liaison grabbed him and escorted him outside, where he was told to leave.
He was cited for disorderly conduct and received the out-of-school suspension. He also will miss one of his final track meets of his career because of the incident.
"I have the right to wear a formal outfit and go with my gay friend to the prom," Lofy said. "It was something fun that wasn't ever done before."
Lofy, who is not a homosexual, said he has heard about other incidents of First Amendment rights being violated by other schools. He also said other previous incidents at Badger were in violation as well.
Lofy cited the suspension of 10 students of Irish heritage for wearing kilts to school. He said another student was threatened with expulsion or suspension when he wore a terrorist-type of T-shirt.
Lofy said he is unsure of what will happen.
"It's too early to tell," Lofy said. "Hopefully I will get acquitted. Somebody has to stand up for people's rights."
Lofy said he would like to receive an apology from the administration, since he won't be able to relive some of his final days of high school.
"I won't have a chance again to have my final say, or go to a senior prom or a track meet," he said.
But, Lofy said he remains up for the fight.
"If we all back down, nothing will get accomplished," he said.
Badger student battles for rights (http://www.lakegenevanews.net/1editorialbody.lasso?-token.folder=2005-05-12&-token.story=125306.112112&-token.subpub=)
May 12, 2005 - By Lisa Seiser/Lake Geneva Regional News
Badger High School senior Kerry Lofy didn't see anything wrong with wearing a formal dress to prom Saturday night, but he said school leaders didn't agree with his self-expression.
Now, Lofy is taking his claims of a First Amendment rights violation to the local newspapers and television media.
Lofy was expected to talk to a Milwaukee television station Wednesday afternoon about what happened at the prom involving the Badger administration and Lofy's belief that his free speech rights were denied. Lofy also has contacted the American Civil Liberties Union.
Lofy said he was thrown out of the prom Saturday during the "dance-off" when he took off the tuxedo which was covering the dress he was wearing underneath. He was immediately removed from the Riviera by school officials.
The next day, Lofy received a three-day out-of-school suspension. He also was cited for disorderly conduct.
"I want to get my story out there as to how unfair and unjust the school is," Lofy said. "There are laws in my favor."
Lofy said he should have been able to wear a formal dress to the prom if he wanted to.
"The school is out of line on this," Lofy said. "They have no rights to stop me from going to prom in my chosen outfit."
School officials, including Superintendent Dr. James Gottinger disagreed with Lofy's belief his First Amendment rights were violated.
"It is not a right to be able to go to prom or participate in sports," Gottinger said. "We get to set the standard of appropriate dress."
Based on a case in 1969, which dealt with students who wore armbands to a school in Des Moines, Iowa, to silently protest the Vietnam War, the U.S. Supreme Court said that Constitutional rights to extend to students when they are on public school property.
The Tinker vs. Des Moines Independent School District case Supreme Court decision stated that First Amendment rights of freedom of speech should not be shed by students or teachers when they enter the school.
However, the Supreme Court also stated in the case that public schools must justify any attempts to suppress or punish speech. According to the ruling, they cannot stop or punish speech solely because they find it offensive, but they can regulate speech when they show that the expression would cause a "substantial disruption of or material interference with school activities."
Gottinger said the administration believed Lofy's attire to be a disruption of the prom event.
"We have an event here that is to be special," Gottinger said. "I think a judgement was made by the administration that was appropriate. The dress was inappropriate, made a mockery of the event and was a disruption."
Lofy, who has worn dresses to other school functions, said he just wanted to do something different and get a laugh by wearing a dress and attending the event with his homosexual friend.
Days before the prom, the school administration's concern about Lofy's possibility of wearing a dress became apparent.
According to Lofy, last Thursday, Lofy purchased his tickets to the prom and asked what the dress code was.
He was told it was a formal dance and to wear appropriate clothing. At that time, he was told to not wear a dress to the event.
Lofy said on Saturday, he started to believe the school's demand for him to not wear a dress was wrong.
He wore the dress to the Riviera Saturday night and was not allowed in. Minutes later, after putting on a tuxedo over the dress, he was admitted into the event.
Throughout the evening, Lofy said teachers and chaperones were watching him closely.
Lofy said later in the night when the "dance-off" started, he decided to join. During the dance off, he was urged by his friends to remove his tuxedo to reveal the dress he was wearing underneath.
"The crowd was going crazy," Lofy said.
The excitement didn't last long, Lofy said, as the police liaison grabbed him and escorted him outside, where he was told to leave.
He was cited for disorderly conduct and received the out-of-school suspension. He also will miss one of his final track meets of his career because of the incident.
"I have the right to wear a formal outfit and go with my gay friend to the prom," Lofy said. "It was something fun that wasn't ever done before."
Lofy, who is not a homosexual, said he has heard about other incidents of First Amendment rights being violated by other schools. He also said other previous incidents at Badger were in violation as well.
Lofy cited the suspension of 10 students of Irish heritage for wearing kilts to school. He said another student was threatened with expulsion or suspension when he wore a terrorist-type of T-shirt.
Lofy said he is unsure of what will happen.
"It's too early to tell," Lofy said. "Hopefully I will get acquitted. Somebody has to stand up for people's rights."
Lofy said he would like to receive an apology from the administration, since he won't be able to relive some of his final days of high school.
"I won't have a chance again to have my final say, or go to a senior prom or a track meet," he said.
But, Lofy said he remains up for the fight.
"If we all back down, nothing will get accomplished," he said.