A Latin American student is suing a Colorado school district for banning her from wearing a serape to prom.

Mexican student living in the western part Colorado sued School District 16 of Garfield County in Colorado because they refused to wear the traditional serape during a high school graduation ceremony, according to a statement released Mexican American Legal Defense and Educational Foundation (MALDEF).

The serape became a symbol of Mexico in the 1910s as a symbol of pride, national freedom, and their struggle for freedom and democracy.

According to MALDEF, Naomi Peña Villasano, An 18-year-old student at Grand Valley School in Parachute, west of Denver, complied last April with a request to send a photo of her prom dress, including serape, to authorities at the school on May 27. with the colors of the flags of Mexico and USA.

The serape, which Naomi Peña suggested wearing to prom, features the flags of the United States and Mexico.

On May 24, MALDEF and the law firm Greenberg Traurig filed a lawsuit against the Board of Trustees of the 16th School District of Garfield County and the administrative staff of the Grand Valley School, alleging that it is unconstitutional to deny a student the opportunity to celebrate their culture and traditions after graduation.

The lawsuit asks the judge to allow Peña Villasano to use the serape, and states that neither the student’s academic advisor nor the principal (Kelly McCormick, named in the lawsuit) provided an explanation for the refusal.

According to MALDEF, This refusal resulted in two violations. First, to ban Peña Villasano from wearing the clothes chosen for his prom. violates your freedom of expressionguaranteed by the First Amendment to the US Constitution.

In second place, other students will be allowed to wear insignia or other items related to their culture or military service. (present or future) at the time of graduation.

For example, in 2021 and 2022, Grand Valley School allowed students from Polynesia to graduate in the region’s traditional flower garlands. And in 2022, a Mexican student from the same school graduated with a serape on his shoulders.says in the lawsuit. Also last year two students wore necklaces made from dollar bills.

“We live in an era of growing threats to the First Amendment in public schools.” Here, the school district has erroneously concluded that it is acceptable to discriminate against certain students and their heritage while respecting the heritage of other students. Our Constitution does not allow such blatant discrimination,” said Thomas A. Saenz, President and General Counsel of MALDEF.

For his part, Kenneth Parreno, attorney for MALDEF, emphasized that “The United States Constitution and Colorado law protect students’ rights to express their cultural heritage, and schools cannot choose which cultural heritage can be celebrated.”

MALDEF lawyers explain in their lawsuit that Peña Villazano identifies with both his Mexican heritage (his family and ancestors) and his US citizenship. and that is why the flags of both countries flutter on the serap.

However, according to MALDEF, Superintendent Jennifer Baugh would tell Peña Villasano to let him fly flags at prom. This will “open doors” for other students to “fly flags that may be offensive”.

In prepared statements shared by MALDEF, the Mexican student said, “I want this change to happen not just for Hispanics, but for all future graduates so no one else has to go through what I went through.”

The Grand Valley School has about 300 students, of which 35% are Hispanic. In addition, 52% of students come from low-income families and only 37% of students are at the academic level they should be. And in Garfield County, Hispanics make up 29% of its 62,000 residents.

Despite the urgency of getting a decision, so far neither the judge in charge nor the Garfield County 16 School District have spoken about the lawsuit.

Author: Maria Ortiz
Source: La Opinion

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