ACLU of New Jersey Helps Protesting Student "Skirt" School's No-Shorts Policy
Sam Carana
Policy
NEWARK, NJ - The American Civil Liberties Union of New Jersey has
reached an agreement with the Hasbrouck Heights School District on
behalf of Michael Coviello, a 17-year-old male student who was
prohibited from wearing a skirt to school.
"This is the right outcome," said Jeanne LoCicero, the ACLU of New
Jersey staff attorney who handled the case. "Michael is courageous for
challenging the school policy by defying societal norms and for
standing up to protest a senseless, discriminatory school policy."
Coviello, a senior at the Hasbrouck Heights High School, decided to
wear skirts and kilts to school to protest the District's prohibition
on students wearing shorts between October 1 and April 15, which he
thought was arbitrary and unfair. The school objected when he wore a
costume dress and asked Coviello to change clothes, which he did.
Michael discussed the issue with the superintendent who advised him to
wear skirts and dresses purchased in a retail store. Coviello followed
the superintendent's suggestion, buying several skirts that complied
with the superintendent's guidelines. After a few days of wearing
skirts and kilts without incident, Michael was sent home with a note
from the principal stating that he would not be allowed to attend class
if he wore any sort of dress, kilt or skirt.
"I'm happy to be able to wear skirts again to bring attention to the
fact that the ban on shorts doesn't make sense," said Coviello, "It is
discriminatory for the school dress code to allow skirts but not
shorts."
On January 3, 2006, the ACLU of New Jersey sent a letter to the
superintendent explaining that the dress policy needed to be enforced
equally: because the policy allows students to wear skirts, all
students - not just girls - should be able to wear skirts that comply
with the policy. The letter also explained that Coviello's decision to
wear skirts was expressive conduct that is protected by the First
Amendment. During a meeting last week, the district agreed that Michael
would be allowed to wear skirts in the future.
Laura Coviello, Michael's mother, said she contacted the ACLU of New
Jersey because she believed her son's right to free expression was
being violated, and that the school dress policy was unfair. "I'm
relieved that the dress policy will be enforced equally and that
Michael won't be punished for expressing his disagreement with the
school's dress policy," she said.