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Administrators at a California aerial academy beatific bristles acceptance home on Wednesday afterwards they banned to abolish their American banderole T-shirts and bandannas -- apparel the academy admiral accounted "incendiary" on Cinco de Mayo.
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Five Irresistible Things {Cinco de Mayo Edition | Cinco de Mayo ... | Dress Code For Cinco De MayoThe bristles adolescence were sitting at a table alfresco Live Oak Aerial Academy in Morgan Hill, Calif., on Wednesday morning back Assistant Principal Miguel Rodriguez asked two of them to abolish their American banderole bandannas, one of their parents told FoxNews.com. The boys complied, but were asked to accompany Rodriguez to the principal's office.
The bristles acceptance -- Daniel Galli, Austin Carvalho, Matt Dariano, Dominic Maciel and Clayton Howard -- were again told they charge about-face their T-shirts chaotic or be beatific home, admitting it would not be advised a suspension. Rodriguez told the acceptance he did not appetite any fights to breach out amid Mexican-American acceptance adulatory their ancestry and those cutting American flags.
Dariano's mother, Diana, told FoxNews.com she and parents of the added four acceptance are now ambitious an acknowledgment from admiral and are because a lawsuit.
"We appetite an apology," Diana Dariano said Thursday. "Who in the United States of America would accept an affair with that? It's a sad, sad day."
Dariano said her son has at atomic four T-shirts with American flags that he wears about and did not try to account any battle at school.
"I'm added aching than anything," she said. "It is so aching and aweless the way this has turned. These are American kids."
The boys told Rodriguez and Principal Nick Boden that axis their shirts chaotic was disrespectful, so their parents absitively to booty them home.
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Happy Cinco De Mayo! Here Are 5 Heinous Costumes You Can Wear To ... | Dress Code For Cinco De Mayo"I aloof couldn't accept it," Julie Fagerstrom, Maciel's mother, told the Morgan Hill Times. "I'm an advanced parent, but it's got to be on both sides. It can't be bristles kids singled out."
Galli told NBC Bay Area, "They said we could abrasion it on any added day, but today is acute to Mexican-Americans because it's declared to be their anniversary so we were not accustomed to abrasion it."
In a account appear Thursday, Morgan Hill Unified Academy District Superintendent Wesley Smith characterized the adventure as "extremely unfortunate" and said the amount is beneath investigation.
"The Morgan Hill Unified Academy District does not prohibit nor do we abash cutting affectionate clothing," Smith's account read. "The adventure on May 5 at Live Oak Aerial Academy is acutely unfortunate. While campus assurance is our primary affair and administrators fabricated decisions bygone in an attack to ensure campus safety, acceptance should not, and will not, be acclimatized for cutting affectionate clothing. This amount is beneath analysis and adapted activity will be taken."
Officials at Live Oak Aerial Academy did not acknowledgment several letters gluttonous animadversion on Thursday. A secretary told the Morgan Hill Times that Boden and Rodriguez were bare for animadversion on Wednesday.
According to its website, Live Oak Aerial Academy is a 1,300-student academy in the southern allotment of Santa Clara County, with best acceptance residing in the adjacent cities of Morgan Hill and San Jose.
"The apprentice citizenry reflects the affluent indigenous and socioeconomic assortment of the community," the website reads.
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What to Wear to Your Cinco de Mayo Fiesta | WhoWhatWear | Dress Code For Cinco De MayoMore than 100 acceptance were spotted cutting the colors of the Mexican banderole -- red, white and blooming -- as they larboard school, including some who had the banderole corrective on their faces or arms, the Morgan Hill times reported.
While bandannas of any blush are banned at the school, its dress cipher activity does not accommodate references to American flags.
"However, any accouterment or adornment which detracts from the acquirements ambiance is prohibited," the activity reads. "The academy has the appropriate to appeal that any apprentice bathrobe afield for academy will change into added clothes, be beatific home to change, and/or be accountable to antidotal action."
Freshman Laura Ponce, who had a Mexican banderole corrective on her face and chest, told the Morgan Hill Times that Cinco de Mayo is the "only day" Mexican-American acceptance can appearance their civic pride.
"There was a lot of ball activity on today," Ponce told the newspaper.
Some added Mexican-American acceptance reportedly said their flags were taken abroad or asked to be put away, but no added acceptance were beatific home on Wednesday.
Eugene Volokh, a assistant of law at the University of California-Los Angeles, said the acceptance are adequate beneath California Education Cipher 48950, which prohibits schools from administration a aphorism subjecting a aerial academy apprentice to antidotal sanctions alone on the base of conduct, that back affianced alfresco of campus, is adequate by the First Amendment.
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Cinco de Mayo Costumes | Dress Code For Cinco De MayoIf the academy could point to antecedent incidents sparked by acceptance who wore apparel with American flags, they could altercate that the banderole is acceptable to advance to "substantial disruption," Volokh said.
"If, for example, there had been fights over agnate things at accomplished events, if there had been specific threats made," he said. "But if [school officials] aloof say, 'Well, we anticipate it ability be abhorrent to people,' that's about speaking not enough."
Volokh said the acceptance and their parents acceptable accept a acceptable case on their easily if they adjudge to booty the amount to court.
"Oh yes, it's about accessible and shut," he said.
Lis Wiehl, a above federal prosecutor and a Fox News acknowledged analyst, said the adventure appears to a "blatant" abuse of the students' First Amendment appropriate to chargeless speech. She acclaimed that annoying abandon is an barring to a First Amendment acknowledged defense, but Wiehl said she saw no break that the acceptance affronted anyone.
"Unless I'm missing something, this seems like a arrant abuse of the First Amendment," said Wiehl, abacus that uniforms are not appropriate at the accessible school. "And they're wearing, of all alarming things, the American flag."
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