Local members of a Patriots group are planning a demonstration rally on Cinco de Mayo in front of the Live Oak High School campus both before and after school to protest the latest court ruling affirming the rights of school officials to ban students from wearing American flag shirts on campus on May 5 in 2010.
“This is a blatant violation of our First Amendment right to freedom of speech,” stated a message from the Gilroy-Morgan Hill Patriots referencing the recent decision by the Ninth Circuit Court of Appeals.
The message accompanies the rally announcement on the website www.meetup.com and is posted on the group’s Facebook page.
“We will be peacefully rallying with signs and American flags exercising our Freedom of Speech in protest of this unconstitutional decision while wearing our American Flag shirts right side out!” the statement read.
The actions by school officials prompted a firestorm that took the issue nationwide. After the Times’ original news report, the debate over First Amendment rights of LOHS students was debated in newspapers, talk shows and television news, including the front pages of foxnews.com, The Drudge Report and MSNBC. Bay Area news stations set up camp in front of the LOHS campus.
“This is about people not understanding what 2010 really was all about,” MHUSD Superintendent Steve Betando said. “People should read all the court documents if they are really concerned about it.”
Gilroy-Morgan Hill Patriots President Georgine Scott-Codiga of Gilroy is listed as the organizer of the rally. Scott-Codiga is among seven individuals signed up on the site who plan to attend the rally. Internet radio host “Jimmy Z” Zulz, a contributor to the Patriot Action Network or patriotaction.net, recently called for parents of current and former LOHS students to rally and make it known how they disagree with the higher court’s ruling on one of his broadcasts. He was also on the list of possible attendees.
The Patriots are calling this a “peaceful” demonstration in front of the campus, but school officials and police are meeting to plan a strategy to minimize disruption.
“I think the biggest safety concern for us is if they do congregate out in the roadway, (causing) pedestrian and traffic issues,” said Sgt. Carson Thomas of the Morgan Hill Police Department. “(The Patriots) have never been confrontational with us. They’ve always followed the rules of the road and been polite and acted in a lawful manner. We’re not expecting anything that would step out of that norm.”
It was anything but a normal day at LOHS on Cinco de Mayo 2010, one that immediately thrust Morgan Hill into the national media spotlight. The question of whether LOHS officials made the right call by asking four former white LOHS students to remove or turn inside-out their American flag T-shirts in order to prevent any possible violent altercations with Hispanic students is still being argued today.
The case has twice been debated in court – as well as by countless legal analysts on television and radio – and both times the decision has gone in favor of the school district. The first ruling came in 2011 by a federal judge and then again earlier this month by a three-judge panel of the Ninth Circuit Court of Appeals.
“There are no kids that were there when this incident happened that are there today,” Trustee Rick Badillo said. “All they are going to do is disrupt student education, if they do come.”
Because of that, Betando has been working with the MHPD as well as with school administrators on how to best handle the situation. Discussions will be included in the school district plans, said Betando, who dismissed any questions of student safety since “they’ve had very quiet Cinco de Mayos since (2010) at the schools.”
“Safety with people out front. Do you have information that these people are going to be dangerous?,” commented Betando when asked about any student safety.
As for the MHPD, Thomas confirmed Chief David Swing has discussed the matter with Betando and that police have an “operational plan” in place – one they have used in years past for Cinco de Mayo – to ensure safety of all students and community members. He said police will rely on school officials’ judgement to alert them prior to any incidents.
“No matter what happens, we’ll definitely have additional officers there,” Thomas said, noting that officers will be around LOHS as well as Ann Sobrato High School. “We’re here to monitor and make sure people are safe … nobody knows (what will happen) until that day.”
Thomas said MHPD has never had a problem with the Patriots, whose members routinely picket in downtown Morgan Hill to publicly express their views. The 94-member group said it stands for “fiscal responsibility at all levels of government, limited government, adherence to the United States Constitution and educating others and us about our history and our government.”
More about the court case
At the genesis of the legal argument is whether LOHS officials made the right call by asking students to remove or turn inside-out their American flag T-shirts in order to prevent any possible violent altercations with Hispanic students.
The case has twice been debated in court – as well as by countless legal analysts on television and radio – and rulings were in favor of the school district. The first ruling came in 2011 by a federal judge and earlier this month by a three-judge panel of the Ninth Circuit Court of Appeals.
“That was kind of an isolated thing that popped up. Obviously it isn’t indicative of Live Oak at all,” said LOHS Principal Lloyd Webb.
Meanwhile, attorneys for the American Freedom Law Center continue their legal fight, filing a petition March 12 requesting a full court, en banc review of the Ninth Circuit’s ruling.
May 5 flag run
In addition to the early-morning plans, organizers are planning a May 5 flag run with a message to “Help us defend our flag and First Amendment right to fly, wear or present Old Glory.” Participants plan to meet up at House of Thunder Harley Davidson, 16175 Condit Road, then line up, make their way through town and end up in front of LOHS at approximately 2 p.m.
Cinco de Mayo
Cinco de Mayo is a celebration to commemorate the Mexican army’s unlikely victory over French forces at the Battle of Puebla on May 5, 1862. In Mexico, it is only celebrated by people in the state of Pueblo. In the United States, it is a day to celebrate Mexican heritage and pride.
