A Kansas City preparatory school has opted not to punish students for protesting a speech by Gov. Jay Nixon, according to a release from the American Civil Liberties Union of Missouri.
On Nov. 20, 14 Lincoln College Preparatory Academy students stood in the back of the school’s auditorium and used the “hands up, don’t shoot,” gesture during a speech by Nixon. The gesture has become ubiquitous since the August shooting of unarmed Ferguson teen Michael Brown, and the subsequent grand jury decision not to indict his shooter, Officer Darren Wilson of the Ferguson Police Department.
It was in protest of Nixon’s handling of the unrest in Ferguson, and the upcoming grand jury decision, that the students used the opportunity of Nixon’s speech on an unrelated matter to make known their concerns through silent protest, ACLU attorney Gillian Wilcox said.
“The students found a way to send a respectful message they knew could be unpopular with the Governor or their school,” said Jeffrey Mittman, the ACLU of Missouri’s executive director.
The students were escorted from the auditorium where Nixon was speaking and advised by Vice Principal Steven Evans they could receive a 10-day suspension or be arrested for disturbing the peace, according to the complaint filed in federal court in Kansas City.
The students were ultimately given Saturday detention for being disruptive.
The ACLU filed suit on behalf of M.M., one of the students removed, on Dec. 22, seeking an injunction to stop the Saturday detention, as well as an award for the violation of M.M.’s civil liberties, and attorneys’ fees.
The Kansas City Public School District postponed disciplining the plaintiff after a preliminary injunction was filed. The discipline and mark on the student’s record have since been taken off the table. The ACLU dismissed the civil rights lawsuit alleging that the district violated the students’ First Amendment rights.
“Students do not lose their First Amendment rights when they enter a school building,” Tony Rothert, legal director of the ACLU of Missouri said.
The case is M.M. v. Kansas City School District, 4:14-CV-01122.
