Rourke / AP, file
Hawk, 15, left, and Kayla Martinez, 14, display their bracelets for
photographers outside the U.S. Courthouse in Philadelphia on Feb.
court battle between two girls and their Pennsylvania school over
"I (heart) Boobies!" bracelets could be settled by the U.S.
Easton Area School District board voted 7-1 Tuesday night to appeal a
federal appeals court's decision that rejected its claim the bracelets
are lewd and should be banned from school.
case started in 2010 when two girls, then ages 12 and 13, challenged the
school's ban on the bracelets designed to promote breast cancer
awareness among young people.
students, Brianna Hawk and Kayla Martinez, said they merely hoped to
promote awareness of the disease at their middle school. They filed suit
when they were suspended for defying the ban on their school's Breast
Cancer Awareness Day.
August, the 3rd U.S. Circuit Court of Appeals upheld a lower court's
decision in favor of the girls, saying also that the district didn't
prove the bracelets are disruptive.
John Reinhart told The Express-Times of Easton he supports the board's
Third Circuit Court has compromised administrators' abilities to
intervene in what is and what is not appropriate in school," he
court sessions, Reinhart had called the bracelets "cause-based
marketing energized by sexual double-entendres."
Rourke / AP, file
attorney for the American Civil Liberties Union, which helped the girls
challenge the rule, said Tuesday night the school had been hinting that
it would petition the Supreme Court.
just really surprised that they're so determined to fight this speech
case of all speech cases," said Mary Catherine Roper. "(The
bracelets) didn't cause any problems in the school."
district solicitor John Freund said the district had the backing of the
National School Boards Association and the Pennsylvania School Board
Association. He said they and other organizations are "concerned
about the implications of a hyper-sexualized environment," The
lone board member to vote against the appeal said the district should
just drop the matter.
think we should be done with it. Let it go. We lost 20, 30 times, I
don't even know anymore," Pintabone said.
is one of several school districts around the country to ban the
bracelets, which are distributed by the nonprofit Keep A Breast
Foundation of Carlsbad, Calif.
The Associated Press