An Indiana middle school student has settled his free speech lawsuit over an “I (Heart) Boobies” breast cancer awareness bracelet, but will not be allowed to wear it.
The Twin Lakes School Corporation and “L.G.,” an eighth grader who was told he could not wear the bracelet, have decided to drop the case, according to school district attorney Tom Wheeler.
No money will change hands as a result of the settlement, he said, and the district’s policy will not change.
Wheeler said the bracelets cannot be worn in the eighth grade or below, but may be worn in high school as long as they don’t cause a disruption. He said this confirmed the school’s existing policy.
According to the lawsuit, L.G. wore the bracelet to raise awareness about breast cancer. The lawsuit sought a court order allowing him to wear it at school.
“He believes it is important to promote breast cancer awareness and education and has worn this bracelet to school,” according to the complaint. “He wishes to wear it in the future.”
The student’s attorney, ACLU attorney Ken Falk, did not respond to requests for comment.
The move follows Falk’s filing of another lawsuit over the bracelets, this one against Fort Wayne Community Schools. That suit was brought on behalf of a high school sophomore. A similar suit in Wisconsin was dropped after a federal judge decided the bracelets could be banned as “vulgar” speech. Another case is pending before a federal appeals court in Pennsylvania.
Both sides in the Twin Lakes case notified the court of their settlement last month, and the dismissal papers were filed Wednesday.