Schools
'I Heart Boobies' Case Hits Appeals Court
Case of two Easton Area Middle School students disciplined in 2010 by the school district for wearing breast cancer awareness bracelets was heard in appeals court Wednesday.
The "I Heart Boobies" case has once again hit the courts.
On Wednesday, the full U.S. 3rd Circuit Court of Appeals in Philadelphia heard arguments in the case of two Easton Area Middle School students disciplined in 2010 by the school district for wearing breast cancer awareness bracelets, according to the Easton Express-Times.
The American Civil Liberties Union initially sued the Easton school district in federal court in November 2010 on behalf of students Brianna Hawk and Kayla Martinez, who were suspended for wearing the bracelets from the Keep A Breast Foundation.
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The district argued the bracelets were inappropriate and could be disruptive. The students testified they only meant to raise awareness of breast cancer.
A federal District Court granted the ACLU and the girls a preliminary injunction in April 2011, ruling the bracelets were not lewd or vulgar.
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Judges will have time to decide their legal opinion, but one of them expressed an opinion in court Wednesday, the Express-Times story states.
“I don’t find the sexual meaning in the word ‘boobies,’” said Chief Judge Theodore McKee.
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