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

Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar The Trump Budget and Schools: Subscriber Exclusive Quick Hit
EdWeek subscribers, join this 30-minute webinar to find out what the latest federal policy changes mean for K-12 education.
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
Curriculum Webinar
End Student Boredom: K-12 Publisher's Guide to 70% Engagement Boost
Calling all K-12 Publishers! Student engagement flatlining? Learn how to boost it by up to 70%.
Content provided by KITABOO

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 Opinion What the Supreme Court Case on LGBTQ+ Books Reminds Us About Parents’ Rights
Regardless of which side wins Mahmoud v. Taylor, we have a big problem.
Jamie Kudlats & Christopher D. Thomas
5 min read
Man and woman waiting around speech bubble hole
E+/Getty
Law & Courts Retired Justice Souter, Advocate for Civics and Church-State Split, Dies at 85
Retired Justice David Souter, who wrote Supreme Court opinions on student strip searches and government aid to religion, has died.
4 min read
Retired Supreme Court Justice David Souter smiles during a new lecture series titled, "Constitutionally Speaking" on Sept. 14, 2012 in Concord, N.H. Souter spoke to more than 1,300 who packed a small theater to hear him.
Retired U.S. Supreme Court Justice David H. Souter, pictured participating a Sept. 14, 2012, lecture series on the U.S. Constitution in Concord, N.H., died May 8, 2025.
Jim Cole/AP
Law & Courts Trump Admin. Ends a Decades-Old School Desegregation Order—And Expects to End Others
Officials suggested that other desegregation orders dating to the Civil Rights Movement should be reconsidered.
5 min read
Students from Charlotte High School in Charlotte, N.C., ride a bus together, May 15, 1972.
Students from Charlotte High School in Charlotte, N.C., ride a bus together on May 15, 1972.
Harold L. Valentine/AP
Law & Courts Supreme Court Appears Open to Religious Charter School
The U.S. Supreme Court grappled with whether charter schools are public schools and whether the Constitution permits a religious charter.
7 min read
Supporters of charter schools rally outside of the Supreme Court on April 30, 2025, in Washington.
Supporters of religious charter schools rally outside of the U.S. Supreme Court on April 30, 2025, in Washington.
Mark Schiefelbein/AP