ACLU Challenges Arvada High School’s Ban
on Kente Cloth at Graduation
FOR IMMEDIATE RELEASE
May 14, 1998
The American Civil Liberties Union of Colorado (ACLU) filed suit today on behalf of two graduating African American seniors at Arvada High School who have been forbidden from wearing a strip of ceremonial Ghanian kente cloth over their graduation gowns at the commencement ceremony on May 26.
The multicolored cloth is worn on ceremonial occasions in Ghana, the original home of one of the student’s parents. In recent years in the United States, it has become increasingly common to see graduating African Americans express pride in their heritage and culture by draping the strip of hand-woven cloth over their gowns at university and secondary school commencement ceremonies.
The Arvada students had special-ordered kente cloths woven with wording that said "Arvada High School Class of ‘98."
On Monday, however, Arvada High School Principal Ken Robke, turned down the students’ request to wear the Kente cloths. In a letter to the students’ parents, Robke acknowledged that "the Kente cloth is a symbol of great dignity and respect." Nevertheless, Robke said he feared that any deviation from the standard cap and gown would permit other students to "wear adornments intended to convey a viewpoint that others might find offensive."
"The Constitution does not permit the government to ban expression simply because some individuals may be offended by the message," said Ed Ramey, who filed the lawsuit as an ACLU volunteer cooperating attorney. "In this case, the school says it bans the speech of these particular students because some other, unidentified, theoretical students, at some time in the future, might say something offensive. Under the First Amendment, that does not justify stifling these students’ right of expression."
"We believe that the First Amendment protects the students’ right to wear the Kente cloths at their graduation ceremony," said Mark Silverstein, ACLU Legal Director. "Wearing the cloth communicates the students’ pride in their heritage in a dignified manner that is entirely consistent with the special and ceremonial nature of the occasion."
The lawsuit was filed in state district court in Jefferson County on behalf of Aisha Price and Enockina Ocansey, who want to wear Kente cloth when they graduate May 26, as well as Ezekiel Ocansey, a freshman who will be subject to the school’s graduation dress code in the future. The ACLU said it intends to file for a preliminary injunction and request a hearing by the end of next week.