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'Boobies' bracelet fight could go to Supreme Court

By Associated Press

LAST UPDATED: 09:16 a.m. HST, Oct 30, 2013

EASTON, Pa. » The court battle between two girls and their Pennsylvania school over "I (heart) Boobies!" bracelets could be settled by the U.S. Supreme Court.

The Easton Area School District board voted 7-1 Tuesday night to appeal a federal appeals court's decision that rejected its claim the bracelets are lewd and should be banned from school.

The case started in 2010 when two girls, then ages 12 and 13, challenged the school's ban on the bracelets designed to promote breast cancer awareness among young people.

The students, Brianna Hawk and Kayla Martinez, said they merely hoped to promote awareness of the disease at their middle school. They filed suit when they were suspended for defying the ban on their school's Breast Cancer Awareness Day.

In August, the 3rd U.S. Circuit Court of Appeals upheld a lower court's decision in favor of the girls, saying also that the district didn't prove the bracelets are disruptive.

Superintendent John Reinhart told The Express-Times of Easton he supports the board's decision.

"The Third Circuit Court has compromised administrators' abilities to intervene in what is and what is not appropriate in school," he said.

In court sessions, Reinhart had called the bracelets "cause-based marketing energized by sexual double-entendres."

An attorney for the American Civil Liberties Union, which helped the girls challenge the rule, said Tuesday night the school had been hinting that it would petition the Supreme Court.

"I'm just really surprised that they're so determined to fight this speech case of all speech cases," said Mary Catherine Roper. "(The bracelets) didn't cause any problems in the school."

School district solicitor John Freund said the district had the backing of the National School Boards Association and the Pennsylvania School Board Association. He said they and other organizations are "concerned about the implications of a hyper-sexualized environment," The Express-Times reported.

The lone board member to vote against the appeal said the district should just drop the matter.

"I think we should be done with it. Let it go. We lost 20, 30 times, I don't even know anymore," Frank Pintabone said.

Easton is one of several school districts around the country to ban the bracelets, which are distributed by the nonprofit Keep A Breast Foundation of Carlsbad, Calif.

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mikethenovice wrote:
How silly. Kids hormones will dictate what they think about. Not a bracelet.
on October 30,2013 | 05:59AM
soundofreason wrote:
Let's just say that I wasn't thinking about boobies until I saw the article about boobies. What do you think they have in mind for the testicular cancer drive? ;)
on October 30,2013 | 06:59AM
Publicbraddah wrote:
Got Balls?
on October 30,2013 | 08:17AM
palani wrote:
I think we all (heart) boobies. Support Pink!

Pink Ribbon

on October 30,2013 | 06:17AM
allie wrote:
on October 30,2013 | 06:35AM
honopic wrote:
Is that "yikes" for the girls' rights or against? Explain yourself of don't waste our time. Better yet, go back to ND.
on October 30,2013 | 10:21AM
palani wrote:
Hawaii is a better place with allie's presence.
on October 30,2013 | 12:05PM
Bdpapa wrote:
Supreme Court! Are these people FN crazy?
on October 30,2013 | 06:28AM
soundofreason wrote:
I hear ya man.
on October 30,2013 | 06:59AM
mayihavesumor wrote:
Totally support breast awareness.
on October 30,2013 | 06:55AM
Aquarius1 wrote:
We Americans are so prudish. Lighten up!
on October 30,2013 | 08:59AM
nodaddynotthebelt wrote:
What a waste of our tax dollars over a bracelet. I saw a t-shirt by WWE for the breast cancer charity that stated, "Saved the Tatas". Where were these people when that came out? That was a full on t-shirt emblazoned with the statement. Now, they go after a small bracelet that has a statement that is not exactly out in the open.
on October 30,2013 | 11:12AM
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