Story originally printed in the Tomah Journal or online at www.tomahjournal.com
Published - Monday, May 05, 2008
Restrictions dropped on religious art
MADISON — The Tomah Area School District agreed Thursday to drop restrictions against the use of religious symbols in student artwork to settle a First Amendment lawsuit brought last month in federal court on behalf of a high school student.
A Thursday injunction hearing in the case was cancelled as both parties said they were close to settling the case.
“This should settle it, except for attorneys fees and smaller issues, which I’m certain we can resolve,” said Lori Lubinsky, attorney for the school district.
The policy still bans violence, blood and sexual connotations in classroom artwork. The original policy was challenged after a Camp Douglas student identified as A.P. was disciplined in February for refusing to remove a cross and a biblical reference from an art assignment.
The policy was never adopted by the school board or high school, but drafted and imposed 11 years ago by two art teachers concerned about gang activity at the high school.
“Gangs have been a concern at Tomah High School. Because of the myriad of gang symbols, some of which use religious type symbolism, Ms. (Margi) Genrich and I felt that it would be impossible to differentiate between certain gang symbols and religious symbols,” art teacher Julie Millin said in her affidavit.
The district didn’t receive any complaints about the policy until Feb. 20, when A.P. told Millin the policy violated his First Amendment rights and refused her request to change the picture.
Acting on complaints from other students, Millin said she asked A.P. to remove the cross and John 3:16 biblical reference from his work. When he refused, she suggested leaving the cross but putting a frame over the biblical reference.
Millin told A.P. she would grade the picture, and he could take it home, but he refused the offer, saying it violated his First Amendment rights. He tore up a copy of the policy Millin showed him and pinned the picture to a wall.
Millin gave the youth a zero for the assignment, the same grade any other student would have received for violating the policy, she said.
Greg Scott, a spokesman for A.P.’s attorneys with the Arizona-based Alliance Defense Fund, said he was pleased with Thursday’s announcement.
All stories copyright 2006 Tomah Journal and other attributed sources.