No flag=lawsuit

Kevin Robert Dean qualiall_2 at yahoo.com
Fri Dec 21 22:59:45 PST 2001


Newton sued over lack of flags at schools By Denise Lavoie, Associated Press, 12/21/2001 17:25 BOSTON (AP) When Principal Michael Welch first started at Newton South High School, the flagpole in front of the school was empty.

Welch formed a voluntary ''patriotism committee'' to encourage students to raise the American flag and say the Pledge of Allegiance each day before classes started.

But that's not enough, according to a lawsuit that claims the Newton school system is violating a state law requiring a flag in every classroom and a daily recitation of the Pledge of Allegiance.

The suit seeks $20,300 in fines for violating the law for at least the last four years.

''We want them to abide by the law and we want a school policy on where the flags will be hung,'' said Jackie Morrissey, one of two city residents who filed the lawsuit.

''We are not saying that everybody has to salute the flag, but ... it represents everything that this country is about the freedom. That's why this is important.''

Morrissey, who hosts a cable television talk show in the city of 84,000 just west of Boston, said he sued after years of hearing from veterans and students who complained that there were only a handful of flags in the schools and no real policy on reciting the Pledge of Allegiance.

The law requires that a flag be displayed in each classroom and assembly hall or ''other room ... where the opening exercises on each school day are held.''

It also says, ''Each teacher at the commencement of the first class of each day in all grades in all public schools shall lead the class in a group recitation of the 'Pledge of Allegiance to the Flag.' ''

Welch was unaware of the law when he took the job at Newton South a little over a year ago. When he noticed the school's empty flagpole, he got a flag and formed a committee of students to be responsible for raising the flag each morning.

''They would raise the flag, say the Pledge of Allegiance and then go to class,'' said Welch. ''It was something that I wanted to try to make an option for everybody if they wanted to do it. It wasn't something that we forced kids to do.''

Since learning about the law, Welch has also ordered enough flags for each of the school's classrooms. They will be put up next week, while students are away for the holidays, Welch said.

Welch said the school plans to continue to offer students the chance to say the Pledge of Allegiance outside near the flagpole, but not inside every classroom.

School system attorney Dan Funk said school officials ordered 300 flags soon after receiving a letter of complaint in October from Brenda Loew, the other Newton resident who sued.

The claims made in the suit could soon become ''moot'' because school officials now have enough flags to put one in every classroom and expect to be in full compliance with the law within the next week or two, Funk said.

Morrissey, however, said the schools will not be in compliance until they make sure every teacher leads a recitation of the Pledge of Allegiance each day.

Funk said there has been controversy over that portion of the law.

In 1977, the state Supreme Judicial Court ruled that making recitation of the pledge mandatory was unconstitutional. However, the state Legislature later voted to require daily pledges. Former Gov. Michael Dukakis vetoed the bill, but the Legislature overrode his veto.

Funk said Newton schools are in compliance with the law.

''The pledge is not an issue in the schools. It's routinely recited; it's just not required,'' he said. ''How can we be in violation of a statute that part of which has been ruled unconstitutional?''

Jennifer Huntington, principal of Newton North High School, said the school recently received additional flags so that there is now one in every classroom. She said the Pledge of Allegiance is said at 7:45 a.m. each day in the English and Social Studies office, just before school starts.

''They can go there to say it if they want to,'' Huntington said.

But Morrissey thinks schools make it difficult for students who want to say the pledge.

''They do everything in their power to be un-American,'' Morrissey said.

===== Kevin Dean Buffalo, NY ICQ: 8616001 http://www.yaysoft.com

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