Law & Courts

Court Throws Out Lawsuit in Uniform Fracas

By Mark Walsh — September 25, 2002 5 min read
  • Save to favorites
  • Print

Mandatory school uniforms almost met their match in the form of a blue-collar Pennsylvania family.

When the Mount Carmel Area School District in eastern Pennsylvania adopted a strict dress code for its elementary school in 2000, it did not sit well with Carmine and Maria Scicchitano and a handful of other district parents. The families, offended by what they regarded as sartorial tyranny, have since given their children a two-year lesson in civil disobedience, the Bill of Rights, the American legal system, and the vagaries of iron-on patches. And they’re not done yet.

“I just don’t think a public school has a right to refuse to educate a child based on what he is wearing,” Ms. Scicchitano said last week.

The 1,800-student district’s policy requires boys to wear red, white, or blue shirts with khaki or dark slacks. Girls must wear blouses or shirts, and pants or skirts, also in the authorized colors. Cargo pants and jeans are out, as is the baggy look popular among many young people.

On the crucial topic of logos, the policy was clear: Children could wear the Mount Carmel Elementary School tornado logo, but no corporate or cartoon emblems. Walt Disney characters, sports logos, and prominent Abercrombie & Fitch tags were out.

“This way, you would have less of some kids wearing the Nike logos and the less wealthy children not being able to keep up,” explained Michele J. Thorp, a lawyer for the district.

But the Scicchitanos and other families objected that the uniform policy actually required them to shell out more for new children’s clothes that met the code.

“It cost me $400 just to clothe my child,” said Carlos Montoya, a truck driver. “This is not about educating children. This is about crushing their spirits.”

Protest Slogans

All They Are Saying ...

The first protest slogan shown below was prohibited by officials in the Mount Carmel (Pa.) Area School District, who viewed it as demeaning to those students conforming to the district’s uniform policy. District officials, however, gave the OK to other slogans.

Prohibited
  • “Followers wear uniforms. Leaders Don’t.”
Allowed
  • “A uniform is a terrible thing to wear.”

  • “The MCA School Board voted and all I got was this lousy uniform.”

  • “Looking alike is absurd.”

  • “I take the fifth.”

  • “I love MCA, I hate school uniforms.”

  • ”...you took away our clothes, what’s next, our crayons?”

The Scicchitano family began leading a dissident movement. Ms. Scicchitano said she used a computer program to begin printing iron-on slogans that protested the dress code. While it appears the district did not immediately recognize the students’ right to wear the protest slogans, it eventually allowed several to be worn as long as students were otherwise in compliance with the policy.

But one battle cry adorning the uniform of Filippo Scicchitano, who was then in 6th grade, met with complete disapproval from school administrators. On at least two school days, Filippo wore the slogan “Followers wear uniforms, Leaders don’t.” He was banished to the “student support room,” and faced other discipline because administrators found the slogan demeaning to other students, casting them as sheeplike if they complied with the uniform rule.

“We thought it was upsetting to teachers and students,” said Richard F. Beierschmitt, the superintendent.

Ms. Scicchitano, a mother of five, said Filippo was on the verge of being expelled when the family pulled him and his sister out of Mount Carmel Elementary and began homeschooling them. The Scicchitanos and three other families sued the district in federal court, alleging that the dress-code policy violated the First Amendment free-expression rights of their children.

Ironing Issues

U.S. District Judge Malcolm Muir of Williamsport, Pa., granted summary judgment to the district on most of the lawsuit’s claims in July 2001. The dress code by itself did not violate the First Amendment, he ruled. And after a trial over the “followers” slogan, he sided with the district on that issue, too.

The “followers” slogan hinders the school’s mission “to create a caring and safe environment and to foster leadership qualities in students,” the judge said in an opinion in October of last year.

The Scicchitanos and one other family appealed the rulings to the U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. In an Aug. 26 opinion, a three-judge panel of that court appeared eager to address the merits of the case, calling the First Amendment issue “interesting.” It was prepared to analyze just how Filippo’s slogan fit under such rulings as the Supreme Court’s 1969 decision in Tinker v. Des Moines Independent School District, which upheld students’ right to wear black armbands to protest the Vietnam War.

But the appeals court held that the uniform policy suit had to be dismissed on procedural grounds.

Because the Scicchitanos had withdrawn their children from the district, and because they were seeking only an order to change the policy, they no longer had legal standing to sue. The parents of student Samantha Jo Stancavage might have had standing, but there was no evidence she had ever worn the “followers” slogan.

The court noted that the girl’s mother had tried to iron on one of Ms. Scicchitano’s slogans to her daughter’s shirt. But, like the lawsuit, it failed to stick.

“I guess she didn’t do it the right way,” said Ms. Scicchitano.

In any event, Ms. Scicchitano vowed, her family has just begun to fight its legal battle against the district. They may try to target the state law that authorizes districts to adopt such policies.

Superintendent Beierschmitt lamented that the Scicchitano children have not returned to district schools. Their father, he said, used to help the district get hand-me-down equipment through his job as a technician for a television network. For obvious reasons, that’s no longer occurring.

Some districts are said to be tiring of mandatory uniforms, a policy that many public schools adopted in the 1990s. But the district is not only happy with its dress code, it recently extended it, in modified form, to its high school.

“There are so many variations allowed, it’s not really a uniform policy,” Mr. Beierschmitt said. “It’s just a standardized dress code. It’s going well.”

Events

School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Decision Time: The Future of Teaching and Learning in the AI Era
The AI revolution is already here. Will it strengthen instruction or set it back? Join us to explore the future of teaching and learning.
Content provided by HMH
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Stop the Drop: Turn Communication Into an Enrollment Booster
Turn everyday communication with families into powerful PR that builds trust, boosts reputation, and drives enrollment.
Content provided by TalkingPoints

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP
Law & Courts Supreme Court Signals Support for State Bans on Trans Girls in Sports
The U.S. Supreme Court weighed Idaho and West Virginia laws that bar transgender girls from sports.
7 min read
Becky Pepper-Jackson holds hands with her mother Heather Jackson outside the Supreme Court after arguments over state laws barring transgender girls and women from playing on school athletic teams on Jan. 13, 2026, in Washington.
Becky Pepper-Jackson holds hands with her mother, Heather Jackson, outside the U.S. Supreme Court after arguments over state laws barring transgender girls and women from playing on female athletic teams on Jan. 13, 2026, in Washington.
Julia Demaree Nikhinson/AP