ACLJ Files Federal Lawsuit Against NY School on Behalf of 7th Grader Suspended for Wearing Rosary to School

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, announced today it has filed a federal lawsuit and asked a federal court to clear the way for 13-year-old Raymond Hosier, suspended indefinitely for wearing a Rosary to school, to return to class.   The ACLJ filed a lawsuit - along with a request for the court to issue a Temporary Restraining Order or Preliminary Injunction - urging the court to declare the school's dress code policy unconstitutional and immediately permit the 7th grader to return to school wearing the Rosary.

"This is a clear case where the school district has not only ignored the constitutional rights afforded to our client, but exhibited hostility toward his First Amendment rights prohibiting him from engaging in free speech and free exercise of religion," said Jay Sekulow, Chief Counsel of the ACLJ.  "We're asking the court to take immediate action so that Raymond can return to school with his Rosary in place and prevent this flawed and discriminatory dress code from being used to punish Raymond and other students who merely want to exercise their constitutional rights expressing their faith."

The ACLJ filed its lawsuit today in U.S. District Court in the Northern District of New York on behalf of Raymond and his mother, Chantell Hosier, against the Schenectady City School District and other school officials - including the principal of Oneida Middle School, where Raymond attends.

The suit requests a jury trial and asserts that the school's actions violated Raymond's constitutional rights of speech and expression, free exercise of religion, and due process under the First and Fourteenth Amendments.

In suspending Raymond, school officials contended that wearing a Rosary that included religious beads violated the school district's dress code policy and asserted that the Rosary is considered a gang-related symbol.

In the complaint, the ACLJ contends that Raymond wears the Rosary to express his faith in God and honor the memory of a deceased uncle and a brother who died with that very same Rosary in his hand.  The complaint also asserts that Raymond is not a member of any criminal gang and does not wear his Rosary to promote gang membership or violence.  The ACLJ complaint also notes that Raymond has been wearing the Rosary since September 2009 without causing "any disruption to the school environment."

The lawsuit, which requests a trial by jury, urges the court to declare the disciplinary actions taken by school officials against Raymond unconstitutional, to declare the school's dress code policy unconstitutional and to prevent it from being used to punish students like Raymond in the future.

At the same time, the ACLJ filed a request with the federal court urging that the court take immediate action in the form of either a Temporary Restraining Order or Preliminary Injunction clearing the way for Raymond to return to school immediately wearing the Rosary.  The ACLJ contends Raymond "has suffered and continues to suffer irreparable harm" by being suspended by school officials.  The ACLJ requests the court to enjoin the defendants from enforcing the student dress code policy against Raymond by preventing him from attending school while wearing the Rosary.

You can read the ACLJ's complaint here.

You can read the ACLJ's memorandum in support of application for a Temporary Restraining Order or a Preliminary Injunction 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.