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G.M. v. Washoe County School District

United States District Court, D. Nevada

May 7, 2018

G.M., a minor, by and through AUDREY GUARDANAPO and SHAUN GUARDANAPO, Plaintiff,
v.
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

          THE O'MARA LAW FIRM, P.C. DAVID C. O'MARA (Nevada Bar No. 8599)

          BENBROOK LAW GROUP, PC BRADLEY A. BENBROOK* STEPHEN M. DUVERNAY*

          EUGENE VOLOKH* UCLA School of Law

          *Pro hac vice applications to be submitted Attorneys for Plaintiff

          STIPULATION TO VACATE AND CONTINUE HEARING ON PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER; [PROPOSED] ORDER

          Hon. Robert C. Jones Judge

         Plaintiff 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:

         1. On 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.

         2. On 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.

         3. On 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.

         4. The 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 "promotes weapons."
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 18, 2018.
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 ...

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