United States District Court, D. Nevada
G.M., a minor, by and through AUDREY GUARDANAPO and SHAUN GUARDANAPO, Plaintiff,
WASHOE COUNTY SCHOOL DISTRICT; KENDYL DEPOALI MIDDLE SCHOOL; and JO YE ANCINA, in her official capacity as Principal, Kendyl Depoali Middle School, Defendants.
Hearing Dated: May 8, 2018
O'MARA LAW FIRM, P.C. DAVID C. O'MARA (Nevada Bar No.
BENBROOK LAW GROUP, PC BRADLEY A. BENBROOK* STEPHEN M.
VOLOKH* UCLA School of Law
hac vice applications to be submitted Attorneys for Plaintiff
STIPULATION TO VACATE AND CONTINUE HEARING ON
PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER;
Robert C. Jones Judge
G.M., by and through Audrey Guardanapo and Shaun Guardanapo
as his next friends; and Defendants Washoe County School
District, Kendyl Depoali Middle School, and Joye Ancina, in
her official capacity as Principal of Kendyl Depoali Middle
School, stipulate and agree as follows:
April 24, 2018, Plaintiff filed this case against Defendants,
alleging (1) that Defendants' enforcement of the Washoe
County School District dress code and Kendyl Depoali Middle
School dress code violated his First Amendment right to
express his political views, and (2) that the provision of
the dress codes banning clothes containing "anything
that promotes weapons" was unconstitutionally vague and
overbroad. Dkt. 1.
May 2, 2018, Plaintiff filed a Motion for a Temporary
Restraining Order requesting that the Court issue an order
enjoining Defendants from enforcing the Washoe County School
District dress code and the Kendyl Depoali Middle School
dress code in a manner inconsistent with the First Amendment
to the United States Constitution. Dkt 6.
May 3, 2018, the Court issued an order setting a hearing on
Plaintiffs Motion for a Temporary Restraining Order on May 8,
at 10:00 a.m. Dkt. 15. That same Order requires Defendants to
file their opposition to the motion no later than 5:00 p.m.
on May 4, and required Plaintiff to file his reply no later
than 5:00 p.m. on May 7.
parties have met and conferred regarding the matters alleged
in the complaint and the relief sought in Plaintiffs Motion
for a Temporary Restraining Order. The parties hereby
stipulate and agree that the hearing on the motion should be
vacated and continued based on the following representations
and assurances by Defendants:
a. Defendants acknowledge that a teacher improperly required
G.M. to cover up his Firearms Policy Coalition (FPC) t-shirt
without adhering to Washoe County School District procedures
and without notifying Kendyl Depoali Middle School
administration. It appears this decision was based on an
outdated school dress code and a Washoe County School
District Parent/Student Handbook with prohibits clothing that
b. Defendants have voluntarily ceased enforcing the
provisions of the Washoe County School District
Parent/Student Handbook and Kendyl Depoali Middle School
dress code that prohibit clothes containing "anything
that promotes weapons, " and will not enforce these
provisions during the pendency of this lawsuit. Defendants
have communicated this change in policy to all affected
administrators, school site personnel, sites, and campuses.
Defendants will communicate this change in policy to Washoe
County School District parents and students no later than May
c. Within 60 days, Defendants will formally revise the Washoe
County School District Parent/Student Handbook and Kendyl
Depoali Middle School dress code to ensure that it complies
with the First Amendment to the United States Constitution.
Defendants will provide Plaintiffs counsel with draft
revisions to the foregoing at least 7 days' prior to any
changes to these documents. Defendants will provide at least