“By prohibiting Naomi from wearing her sash, which depicts the American flag as well as the Mexican flag, the District has violated Colorado’s law guaranteeing the right of students to display the American flag,” the lawsuit reads.
The suit calls on the District Court to declare the rule a violation of the right to Peña Villasano’s freedom of speech and to order that she may wear the sash at Saturday’s ceremony.
At a school board meeting earlier this month, Board President Lynn Shore said the district would review its policies in light of the concerns raised, but that review would take place after this year’s ceremony.
The district has said it will not comment any further on the issue. Brent Case, an attorney for the school district, declined to comment Thursday.