March 24, 2009 @ 09:30 PM
CURTIS JOHNSON
The Herald-Dispatch
Huntington, WV
HUNTINGTON -- A federal judge on Tuesday upheld the suspension of a 15-year-old Huntington High School freshman who claimed his constitutional right to free speech had been violated.
The court case revolved around one phrase -- "Free A-Train" -- which student Anthony Joseph Brown had written on his hands with felt-tip marker on March 17.
The statement was meant to be an expression of support for fellow Huntington High student Anthony "A-Train" Jennings, who is charged with the March 4 shooting of a Huntington police officer after the officer had chased the suspect from an armed robbery, according to court documents.
Brown, whose father Joseph David Brown filed a lawsuit Friday in U.S. District Court, was suspended March 17.
Brown complied with orders from a school official to remove the phrase from his hands, but later opted to re-write it and show his defiance to school administrators, Huntington High Principal Greg Webb testified at a hearing Tuesday.
The high school suspended Brown for 10 days. Administrators cited a disruption of the educational process. The suspension ends April 1.
U.S. District Judge Robert C. Chambers said it is unlikely the Browns would succeed at trial. He acknowledged that the punishment was serious, but said it was appropriate when viewed in context with gang activity by some students attending Huntington High.
Webb testified members of the Black East Thugs (BET) gang wore T-shirts to school that expressed the "Free A-Train" slogan, and some students had referred to Jennings as the gang's leader. He testified gang members were responsible in March for seriously beating a transfer student off-campus and threatening a girl at the school.
School administrators decided to ban the phrase upon receiving numerous complaints from parents, students and faculty worried about safety. Concerns about safety prompted many students to leave early on several days, while others stayed home, Webb said.
Webb further illustrated the concern by reading a series of memos and e-mails. One writer feared gang members had carried guns to school in the past, a parent wondered to what extent gang violence would rise, while another student worried about a Columbine-type incident, referring to the April 1999 school shooting that killed 13 in Colorado. That student told the school any gunman who would shoot a police officer could shoot a student.
Chambers agreed with Brown's attorneys in saying their client's expression caused no physical disruption, but the judge sided with the school in ruling the term "disruption" has a much broader definition. Chambers said the phrase disrupted the educational process through absenteeism and distraction.
Cabell County Schools Superintendent William Smith praised the decision, which denied the student's request for a temporary restraining order. School attorney Greg Bailey had argued the school's defeat would undercut its ability to enforce rules, control the gang situation and ensure safety of those attending Huntington High.
"I'm very pleased that the courts were able to support the administration's way of dealing with this and trying to keep the school environment safe," Smith said out of court. "We have to have some control over how the climate works."
Webb testified the school began receiving complaints March 10. He testified it has been a constant disruption ever since. He said officials found graffiti on the gymnasium floor Tuesday morning.
Brown, who is represented by Rich Weston and Glen Conway, said he does not belong to B.E.T., nor does did he provide any positive or negative comments about the gang. Brown said he supported Jennings because Jennings stood up for him in the past. Weston said the phrase was "a sign of solidarity."
Weston argued the phrase was a political expression on a court case. He said those complaining feared the gang, not the statement. Weston argued simply offending someone did not provide grounds for censorship.
"Obviously he is disappointed with the ruling," Conway said of Brown.
Bailey argued on behalf of the school that many students simply turned their "Free A-Train" shirts inside out and were not suspended. Brown refused to comply. Bailey said the plaintiff could return to school before April 1, if his family provided assurance future incidents would not occur.
Chambers said schools have a unique responsibility. He ruled Brown's statement was more than a simple difference of opinion. The judge said evidence indicates gang members attended Huntington High in prior years, but he said the threat became more serious and imminent with the shooting and slogan.
Smith agreed. The superintendent said changing the climate requires parental intervention and community involvement. He said many times gangs form and attract members when the students' lives lack organization and direction toward goals.
"When families start breaking down, kids start looking for some place to belong," he said. "I think parents have to step up to the plate and parent. If there is an inkling of an idea that their student is associated with a gang or a group of students who feel that violence is OK, that to me should be the biggest red flag for a parent."
Webb testified school officials first learned of B.E.T.'s existence approximately two to three years ago. A piece of paper found on a classroom floor contained aliases for different people, along with actual names. The group had about 10 members at the time. Webb testified five of those students named were involved in the March 3 beating of a transfer student from New Jersey.
Webb testified B.E.T. members had approached the transfer student at Huntington High and asked him about previous gang affiliations in New Jersey, which the transfer student said he did not have. Gang members then offered the transfer student an invitation to join B.E.T. The student refused. That resulted in bullying and harassment, Webb said.
Webb testified gang members eventually took a bus from school that allowed them to locate the student's residence. A fight followed on March 3. Webb said brass knuckles and a mask were present.
School officials received word of the after-school beating a day later after they approached a group of men who were speaking with two girls. Webb testified at least one of the girls told school officials the men had threatened to shoot her in the head. Six students were expelled.
Webb testified Jennings was enrolled as a student at Huntington High, but he withdrew from classes approximately one week before the police officer was shot.
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