Judge Won’t Reinstate ‘Boobies’ Ban – Easton Area Officials Claimed Injunction Threatens Order in Schools
Fighting For Important Causes In State And Federal Courts
June 21, 2011
By Peter Hall, OF THE MORNING CALL
Easton Area students will be free to wear bracelets proclaiming “I ♥ Boobies!” while school officials appeal a ruling that the breast cancer awareness slogan is protected under the First Amendment.
U.S. District Judge Mary A. McLaughlin on Tuesday refused to lift a preliminary injunction that prevents school officials from enforcing a ban on the popular rubber bracelets. In April, she sided with two middle school girls who were threatened with discipline for wearing the bracelets, finding the slogan is not vulgar or likely to cause a disturbance.
Easton Area School District officials last month asked McLaughlin to lift her injunction while the district’s appeal before the 3rd U.S. Circuit Court of Appeals is pending. They claimed the injunction leaves the district with no guidance on how to revise its dress code for the 2011-12 school year and threatens administrators’ ability to maintain order in the schools.