Naples, FL – A two-year battle for Collier County school records detailing a “Kick a Jew Day” incident at North Naples Middle School in 2009 came to an end this week, after a judge dismissed a lawsuit filed by the ACLU.
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Collier Circuit Judge Hugh Hayes dismissed a lawsuit filed in April by the American Civil Liberties Union of Florida, which sought all records detailing the “offensive conduct” by the 10 students and the district’s investigation.
The judge dismissed it “with prejudice,” meaning the ACLU cannot refile it, but can head to the Second District Court of Appeal.
Hayes told the ACLU’s attorney, Douglas L. Wilson, and James Fox of Roetzel & Andress, who represented the board, he was restricted by prior courts’ decisions, but suggested they use specific language in the order they submit for him to sign so the appeals court will consider it.
“I feel like the Legislature has gotten a little too liberal or possibly lax in its own interpretation of what is privileged and what is confidential,” Hayes said.
The legal battle stems from Nov. 19, 2009, when students imitated an episode of “South Park,” a satirical TV series in which kids kicked red-haired students “Kick a Ginger Day,” a satire on bigotry. It drew national attention and public scorn — and a one-day, in-school suspension for the students.
For once the ACLU is doing something decent and they are stopped. How ironic!
Judges usually reflect the thoughts of the people who made them judges. Florida is still a Southern State.
The ACLU is quite consistent – they defend free speech and individual rights. We may have other priorities.