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refusing to take off a shirt with an anti-

to sophomore Malia Fontana having an

homosexual saying. San Juan High princi-

incident report placed in her file because

pal Dave Terwilliger supported his actions

she had a flag in her back pocket. Flags,

by stating, "We celebrate the multicultural

she was told, had been prohibited at the

nature of our school, and an anti-gay or

school because they were being used to

anti-lesbian T-shirt we don't find particu-

inflame animosity generated by the

larly tolerant."70

protests. Viewing this as a violation of her

· Pittsburg and Richmond--As the Pittsburg

right to free speech, Malia's mother con-

tacted the American Civil Liberties

and West Contra Costa school districts

Union, which demanded that the school

prepared to institute school-uniform poli-

stop "censoring" student flag displays

cies in the 2006­07 academic year, opin-

and remove the incident report from

ions differed about the value and appropri-

Fontana's file.68

ateness of uniforms. Proponents argued

· Poway--When student Tyler Chase Harper

that uniforms helped to curb violence and

eliminate visible distinctions between rich

wore a T-shirt two years ago that said

and poor students and cited a recent study

"Homosexuality is shameful" he started a

that suggested uniforms raised graduation

legal firestorm that continued to rage last

rates in Ohio. Sociologist David Brunsma,

year. In April, the U.S. 9th Circuit Court of

in contrast, argued that the uniforms

Appeals decided 2 to 1 that the Poway

would at best mask behavioral problems

dress code which prohibits students from

and social distinctions and would violate

wearing clothing with hurtful sayings, was

kids' rights to free expression. "It's about

constitutional. In May, action took place

much more than clothing kids," he told

on another suit Harper had launched

the Contra Costa Times. "It's about the rights

against the district, this time accusing

of children."71

school administrators of acting improper-

ly when they removed him from class for

wearing the shirt. Both Harper's and the

Homosexuality

· San Francisco--In May the San Francisco

district's lawyers asked federal Judge John

A. Houston to declare that there was no

Board of Education considered a pro-

need for a trial, and to rule on their side.

posal to ban the Junior Reserve Officers

Poway schools' attorneys were feeling

Training Corps (JROTC) from public

especially boxed in: The district had

high schools. The proposal, which

recently lost a case brought by two homo-

sought the establishment of a program

sexual students who accused school lead-

with similar physical fitness goals not

ers of doing too little to fight harassment.

tied to the U.S. military, came after

"We are being sued for stopping it and we

members of the community objected to

are being sued for not stopping it,"

the armed forces' "Don't Ask, Don't

lamented Poway schools lawyer Jack

Tell" policy. Mark Sanchez, the board's

Sleeth.69

only openly gay member and author of

· Sacramento Area--Students in many Sacra-

the measure, argued that "if the military

said `You can't be openly Jewish or you

mento-area schools were disciplined in the

can't be openly Catholic,' I don't think

last week of April--the same week that

we would have stood for it." Last year

other students were participating in a

1,625 San Francisco students participat-

"Day of Silence" to support gay and les-

ed in JROTC, however, and many--

bian students--for wearing T-shirts

backed especially by Asian-American

expressing disapproval of homosexuality.

veterans--have fought to save it. "It

"I want other people to know the truth,"

helped my self esteem," Cadet Rick

said Anna Choban, a San Juan High

Chen told San Francisco's ABC News

School sophomore who was punished for

19