Pacific High suspends lipstick wearing boy
Boy Suspended For Wearing Makeup?
Wiccan student suspended
James Herndon, a student at Pacific High School in the San Bernardino City Unified School District, was suspended for five days for wearing make-up.
Herndon says his black lipstick and red eye makeup express the Wiccan religious beliefs he shares with his mother, a priestess in the neo-pagan faith. He contends the suspension violates his constitutional right to free expression.
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Herndon, who is repeating his second year at the school, has worn makeup since he enrolled, according to his mother, Valerie Wallace.
He also wears a bright red Mohawk and dresses goth but these were not noted as part of the reason for the suspension.
School officials were unable to cite any reference to makeup in school regulations or the California Education Code. They pointed to a section of the school’s Student and Parent Handbook on dress code tying the suspension to a paragraph saying that if clothing “creates a safety hazard … or when the dress constitutes a serious and unnecessary distraction to the learning process or tends to disrupt campus order,’ the student is in violation.
That’s the crux of the issue. If his black lipstick and red eye makeup were causing a genuine distraction then the school is justified in calling him on it (although a five day suspension is huge overkill for a dress code violation). However, this is a school in California, self-styled land of self expression. It is in San Bernardino which has no lack of people expressing themselves colorfully. I strongly doubt that James got any more reaction than “there goes another goth”.
James also said the suspension is sex discrimination and violates his constitutional right to free expression.
“If I can’t wear makeup, then the girls or the staff can’t wear makeup either,’James said.
James is somewhat wrong there. It is the distraction, not the make-up, that is prohibited. If the girls’ make-up isn’t distracting anybody and his is, then he has to take his off and they get to keep theirs. However, as I previously mentioned, I seriously doubt that this is the case.
James intends to wear his make-up when he returns to school.
Contact information:
Superintendent Dr. Arturo Delgado
Deputy Superintendent Dr. Judy White
Principal Kenneth Martinez
(Tip credit to No.2 Pencil and Tori in Texas)
Any RBAM (red-blooded American male) who remembers his adolescence knows that the girls’
makeup is FAR more distracting. Heck, some girls
in my highschool were walking distractions without makeup or revealing clothes (like Alice Cooper said they “look good in rags”) Many a high school boy has missed half a lecture because of a daydream inspired by some girl’s lipstick and eye makeup.
Zero tolerance for black lipstick
A Wiccan teenager fights for his right to wear makeup: A ninth-grade student has accused officials at a Southern California high school of discrimination for suspending him for wearing lipstick and eye makeup. James Herndon, 16, said the five-day suspe…
I think his photos shows he is eye-catching - but I don’t think he’s really distracting. I also don’t think red eyeshadow has anything to do with Wicca, either, but maybe that’s just me.
I was thinking the same thing. I didn’t really see where goth and Wiccan fit together that well either.
I don’t know how they fit together but Wiccan/Goth is pretty interchangable around here. Just like long hair, it needs to be a point of social discussion. I’m sure the price of trench-coats is going up, I know one ingdignant parent who spent 300$ to get his son a black trenchcoat. Many parents view the dramatic dress as artistic expression. Personally I am much more concerned about the school’s cheerleaders selling car-washes next to the 8 lane hiway in short-shorts with ‘cheer’ slapped on their backends (seems like it would attract pervents to me).
The Wiccan kids usually have a lot to say and need to find power in a social voice. The limits should include negotiations on the part of what other kids are allowed to do and say also.
I would actually have to agree with the school on this one and I am all for free expression. However you can not tell me that this persons dress and appearence would not be a distraction.
In my school we had an Honor roll student that was in all the advance placement classes that wore his hair in 16 6 inch spikes. Sometime with nails in the middle of the spikes for effect. However we did not have anything about distractive dress other then the amount of flesh shown.
I would also be willing to bet he could express his beliefs without the red eye makeup coming half way down his face. I would like to see mentioned what Wiccan sect his mother is a priestess of.
It wasn’t long ago that I was in high school, and I remember people dressing like that… Did not distract me a bit. The “distraction” issue is completely overblown.
Though I’m usually pretty much in support of the kid, I stand with the school on this one. The short answer is that he raises distraction and security issues around the school, as I point out in my piece from yesterday.
And probably more t the point, I’m prepaared to bet that there was a bit of an insubordination issue on this one. The school cannot comment, of course, but I bet the directive to stop wearing this did not come out of the blue — and that he adopted a pretty aggessive posture when told that he had to stop acting out in this way. After all, we’ve seen how much respect for authority the kid and his mom have, based just upon that one quote.
I don’t know how I feel about the kid vs. the school on this one. I can’t untangle personal feelings from it.
I just want to sit down with the kid and say to him, “Kid… nobody thinks you’re cool. You’re not angsty. Cut it out. The only thing that people see when they look at you is the weird pudgy guy who obviously isn’t getting laid. Now put down the Twinkie, go wash your face, and get to the gym…. and learn some damn social skills.”
Newsflash: these guys really aren’t getting a lot of dates.. has anyone mentioned the relationship to dress? Probably it’s a cover for acne and he wasn’t getting any dates anyway.
The issue reminds me of the first time girls were allowed to wear pantsuits to school; so, they wore mini-skirts and fishnet stockings, too. The boys got busted for wearing their jeans too tight and kids were arrested for wearing a decal of the American flag upside down on their backends. The sensationalism must be continuously re-invented to be an effective shock. It’s a social negociation that defines the rights of social authority and the public. Not suprisingly it is the same terrifying (sarcasm) group of pubescent kids who have never done a lick of work in their lives defining social direction through extremes.
I would be more offended by a nail ornament than the rooster-doo. I think the message needs to be authority can be intelligent, and social authority should negociate with parental authority. The line in the sand is the difference between oppression and aggressive behavior. When we’ve crossed that hurtle, we need to deal with sentencing the offender. So weird is not aggressive and harmless. Half-dressed kids, and mean spirited assaults are bad.
There is a difference between a kid writing “F”, “FU” and “FUC” on their knuckles. It would be unethical to imprison an adult for this, but removing a kid from education is a similar sentence. There needs to be gray discipline for gray offenses and a genuine effort to encourage kids to have a more positive outlook (the acne will go away should be the message).
Hmmm. His mother said he’s been wearing it all year. If so, I’d guess it hasn’t been a distraction.
Of course it’s a distraction . . . it distracts the administrators. That’s the whole point. The other kids don’t give a rip. Grow up, Mr. Principal.
From some things i’ve read over the last couple of days, it sounds like they decided to start enforcing standards that had been ignored by the faculty and staff for some time. They went after the worst offender first. That creates an unhealthy dynamic.
That’s the thing with a dress code — if it is not consistently enforced, then you run into complaints of discrimination. You also make a decision to enforce it later (why two months before school ends, in this case?) unpopular and a source of friction.
I happen to know the vice principal who suspended Mr. Herndon. He is absolutely not the kind of person who would squelch free speech in any way. Please remember that at this point we have heard only the student’s side of the story. I guarantee you that there is more to it than we have heard. The student was probably defiant in some way. His mode of dress would never have been the sole reason for the suspension.
I don’t doubt the kid was defiant in some way. It is unfortunate we don’t hear the whole story. If the administrator was an advocate of free expression, this kid got the message. A kid who is pushing the edge of authority actually does understand and respect social authority. It’s important for that authority to work and be just.
Schools are a huge institution power that defines the norm, they can’t help that. What institutions define as normal have often been unfair, and sometimes even evil. What matters is that we agree to reasonable controls.
It’s not the fact he wears makeup that’s distracting, it’s the way he wears it. The picture in the linked article shows him wearing eye-makeup that extends past his eyes and halfway down his jawbone. That’s what causes the distraction. I do agree that 5 days seems a little excessive.
Lots of passion here; how about we look at what the Justices said?
In Tinker v. Des Moines, the Court held that:
“3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments”
Note the term SUBSTANTIAL interference. Students are distracted all the time, by everything from the figure of a hot girl to a bird outside the window, to some other student’s new shoes.
Furthermore, the defendants in Tinker asserted that they were motivated by a fear that actual physical violence might break out in response to the students’ expression - that seems FAR more valid of a concern than mere ‘distraction.’ The Court didn’t buy that excuse:
“The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority’s opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk, Terminiello v. Chicago, (337 U.S. 1 (1949)) and our history says that it is this sort of hazardous freedom - this kind of openness - that is (393 U.S. 503, 509) the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society.”
Jim, the kids in Tinker were, in the view of the school, a bunch of “hippy radicals” - I have no doubt they were classified as defiant for a number of behaviors.
I couldn’t help but read this article and laugh. Many of the posters here have the right idea….the issue isn’t his clothing but, alas, his behavior. I have been a practicing Pagan for about a year and know many who have been practicing Pagans their entire lives and NOWHERE does makeup come into our belief system! Espically to the extreme this young man has taken it. More than anything, to me, he is Goth. Not Wiccan, not Pagan, GOTH. There is nothing wrong with this (being Goth) but rather than push it off on a religion that already has a bad reputation (due to kids being rebelious and rather than accepting the responsibility of their actions, saying “I’m Wiccan, it’s part of my religion” or because the Christian society deems it wrong) he needs to realize that those of us out here that ARE Pagan know that he’s simply blowing smoke by saying “his religion makes him wear it”. Does Sully Erna (lead singer-Godsmack) wear makeup like this? No and I bet you that when (and if) he read this, he was probably doing the same thing I was……Laughing.
Regardless of whether it’s expression of religon, there is no doubt it is self expression and identity. He is drawing the line at the letter of the law. I would prefer my child make a different choice, I would prefer my country protect the right of expression.
In reality the concern extends to teachers and curriculum. For example, my son had a history book that reported the Trail of Tears as a unresolved social issue. Children were allowed to give speeches that attack the rights of a broad group of people, while there is no counter opinion presented; especially if the teacher agrees with them. I have run into several teachers who are willing to defy law, verbally attack students and parents because they feel it is within their rights. In practice it means each special ed student must have a personal aide with them at all times to report infractions of the law. A parent is also beholden to an aide to protect their child. Even if a child needs no academic assistance and is not disruptive, failure to have an aide means special ed revolves around teaching children to conform to extreme definitions of normal. A curriculum revolve around a forcing a child to present rigid physical behaviors and no expression. One example I know of is, should a child get a dentention if they flinch when someone pretends to hit them and stops short of contact.
Teaching children to tolerate violence or fan the flames of abuse is a high price to pay for intolerance, when kids use dramatic expression to draw attention to an issue it may be a good time to listen. It’s hardly wise to move the discipline of youth to the courts because it removes the element of respect and instinctive decency. Children are not small adults, the experts are no longer working for the individual; social control is tyranny.
SCG, who made you the pagan pope? Pagan is a label given by the dominant Western monotheistic religions to “everything else,” and last I checked, any continuuity of a heirarchical Wiccan doctrinal authority was pretty much wrecked by the Romans when they slaughtered the Druids. His religion, by definition and legal precedent (U.S. v. Gillette) is pretty much up to him to define. The majority of Christians don’t agree with the Mormons calling themselves Christian, but they can’t stop them from doing so.
Has anybody thought to ask his classmates if THEY thought his appearance was distracting?
Why? It’s irrelevant. The world is full of things various people find distracting to different degrees. You might have a bigot who finds himself distracted by his anger and resentment because there are minority students in the classroom - does that mean you’ll remove them? Same idea, using one student’s short attention span as the basis for squelching another student’s civil rights. Students have a responsibility to be self disciplined and focus on the educational mission, even if they find other things more interesting.
i dont see anything wrong with it…..let him dress how he wants to dress….its him….yeah you’ll stare at first then it really doesnt matter what people look like….not all wiccans dress like that…i dont…..people are just not used to it…people judge ways to much in this world…if he wears make-up let him…a lot of guys wear make-up down here(louisiana) and it doesnt bother anyone…its sexy….the schools are scared and hopeless….
I believe in expresing one self and other people don’t need to discriminate just because they don’t like the way someone dresses and acts. Wiccan and goth to coinside in a way, i’m a practicing wiccan and I get hasseled at school because of my religion. My bro wears a trench coat all the time and they called him Colombine for a year, but after they realized that it didn’t affect him they gave up. Living in the South, and living in the “church belt” I will never get rest from the local rednecks and hicks when they start with their bull crap like “do you believe in god?” or when they call me a dog just becuase i wear a spike choker. People need to grow up and leave the “special” individuals alone
I think the kid was just expressing himself. Is there any “wrong” in that? So what if hes a wiccan? I mean, part of the reason hes going through all this crap is because hes pagan! If it were up to me I wouldnt really care what religion he is. It really doesnt matter…..
Me and my friends are getting “busted” for this same kind of thing.We’ve worn makeup before(mascara,eyeliner,eyeshadow).
Today was our picture day and Damian came to school with makeup done like Gerard Ways(lead singer of My Chemical Romance).All the students thought it looked good and none of the teachers had problems with it.It caused NO distraction at all and did not project a violent nature of any kind.
Damian,Me,and our friend Micheal went into the bathroom to do our makeup(Damian had it in his backpack).Two of our teachers joked around with us about it and they thought it looked good.Well once we got to second hour things went awry.
Damian and Micheal got called to office around first hour.Micheal was already waiting in the office and Damian was told to find Mrs.Bell(assistant principal)in the gym.She had told Damian to find the principal and he was busy so he went back to Mrs.Bell.She told him to take his makeup off and come back.
Naturally Damian was angry.She was defying our rights of free expression.But Damian being the genius that he is(and with some help from me*cough*) realized he didn’t have enough resouces to win the fight that day.Well anyways he went ahead and removed his makeup along with Micheal.
Now we are researching and plotting to make this accepted in our school.
I totally agree with James. I am a senior in highschool and just this year they have tightened up on dress code. Well I have wore bright makeup and neon colors on my eyes for the past 2 years now and everyone loves it. Girls often beg me to tell them my secret. Well yesterday my principal stopped me in the halls and forced me to remove it or face suspension. I told him to suspend me because i would not remove it but my mom forced me to. Now a friend and I are starting a petition against it. The only thing in the hand book the principal could find, was “distracting apparel” and well If pink eyeshadow is distracting apparel so is a pink shirt.