ACLJ: NY School Dist. Agrees to Pay Damages & Clear Record of Student Punished for Wearing Rosary to School

November 1, 2010

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, announced today that a federal district court judge has approved a settlement agreement in which a New York school district has agreed to the payment of nearly $25,000 in damages, legal fees, and costs and has agreed to expunge the record of Raymond Hosier, a middle school student, who was punished for wearing a Rosary to school.  The court-approved agreement comes just weeks after school officials in Schenectady changed a discriminatory policy that prohibited students from wearing the Rosary to school.
 
"This settlement agreement puts a period on what can only be viewed as a compelling victory for the First Amendment rights of students," said Ed White, ACLJ Senior Counsel, who litigated the case.  "We would have preferred to achieve this outcome - protect the constitutional rights of our client and clear his record - without filing a federal lawsuit.  But from the very beginning, school officials rejected that option and chose instead a legal battle - at the expense of local taxpayers - defending a flawed policy that was not only wrong, but unconstitutional as well. We're pleased that this case finally has been resolved to the complete satisfaction of our client."

The case began in May when the school district indefinitely suspended Raymond, a 7th grade student at Oneida Middle School, for violating a dress code policy that banned the wearing of a Rosary to school - wrongly claiming it was a gang symbol.  The ACLJ notified the school district by letter that such action violated Raymond's constitutional right of free speech and requested that corrective action be taken.  The school district rejected the ACLJ's request to settle the issue without court action and, in June, the ACLJ filed a federal lawsuit.

The court immediately issued an injunction clearing the way for Raymond to return to school for the remainder of the year without fear of further punishment.  Then, in September, the school district announced it was amending its discriminatory policy - removing the ban on wearing a Rosary. 
 
Now, the school district - through a court-approved settlement agreement - agrees to the payment of $22,500 in damages, legal fees, and costs.  It also agrees to expunge Raymond's permanent school record of "all disciplinary notations, referrals, suspensions, and the like for any incidents that occurred during the period from May 17, 2010, through October 27, 2010. . . ."

The settlement agreement was approved October 30, 2010 by U.S. District Court Judge Lawrence E. Kahn and the agreement is posted here. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.