neal.mcnamara@heraldbulletin.com
The Anderson school system’s attorney has filed to have a suit against the system’s uniform policy heard in federal court because it deals with issues of constitutionality.
Attorney Charles Rubright said Wednesday that a suit brought against the uniform policy by parents Laura and Scott Bell should be heard in federal court because it claims the policy violates the First and 14th Amendments — free speech and equal protection, respectively.
The first hearing for the case is scheduled for 10 a.m. Friday at Federal District Court in Indianapolis.
Rubright filed, specifically, a petition to remove the case from the state courts and have it moved to federal court.
“The preferred venue for such litigation is federal courts, not state courts,” said Rubright.
The Bells filed the suit in Madison Circuit Court on Tuesday, which names the Anderson Community School Corp. and the board of trustees as defendants.
“I don’t know what to expect,” said Scott Bell after being notified that the case would be moved to federal court.
The Bells are filing pro se — representing themselves —- but they have said that they do have a lawyer, but prefer to keep that person anonymous. Bell also said that they had been contacted by a lawyer from the American Civil Liberties Union.
Handwritten in the margins of the Bells’ suit are the phrases “First Amendment ‘freedom of expression’ and the 14th Amendment ‘express your individuality.’”
The suit also alleges unconstitutionality against the U.S. and Indiana constitutions because the policy denies “free and appropriate education.”
Rubright said Wednesday that nowhere in either the state or U.S. Constitution does it speak of “free and appropriate education.”
The closest reference to free education in the Indiana Constitution reads, “ ... and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.”
Rubright has also filed for an “expedited determination” to hasten the case’s process.
“We believe an expedited determination is in everyone’s interest,” said Rubright.
Superintendent Mikella Lowe declined comment about the issue Wednesday — Rubright has asked school administrators and board members not to speak about the issue.
“Since it addresses legal issues, I’ve advised them to defer comments from (the public) to (me),” said Rubright.
Lowe did say that she would talk to parents about specifics of the policy — such as questions about color of clothing.
Rubright said that the school board would soon meet in executive session to discuss the suit.
“We will be having a meeting shortly; (we’re) attempting to schedule it,” said Rubright.
As of 3:45 p.m. Wednesday afternoon, the Madison Circuit Court had not received a copy of Rubright’s petition, the court said.
“We’d like for all the people who don’t support uniforms in this city to stand up and have your voice heard,” said Scott Bell. “(This case) might be a long battle.”
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