Published in the February 4-17, 2015 issue of Morgan Hill Life

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By Steve Betando

Steve Betando

Steve Betando

Nearly five years ago, Live Oak High School administrators made a decision in order to prevent a substantial disruption or an altercation between groups of students on the campus. Since that fateful day, the Morgan Hill community has been subjected to unwanted international attention.

On May 5, 2010, school officials learned of credible threats of race-related violence prior to a school-sanctioned celebration of Cinco de Mayo. They also learned that some students intentionally wore clothing displaying the American flag and that the clothing created volatile attention from many who were looking forward to the celebration. The administrators predicted an explosive situation.

To help calm the mounting tension between the groups, the administrators asked some of students to remove clothing or turn the images bearing the American flag inside out. Some students took a third option, which was to go home without penalty or discipline.

However, once one of the students arrived at his home, the family immediately called FOX News and local media to explain that “Live Oak High School bans the American Flag.”

The issue exploded in media circles. The media blitz caused multiple confrontations in Morgan Hill and around Live Oak High School.

The fact is that Live Oak High School does not, and never did, ban the American flag. Lawsuits against the district and the school officials were subsequently filed. The courts upheld that school officials were in their constitutional right when they anticipated violence or substantial disruption on May 5, 2010, in part due to similar confrontations between students during the previous year’s Cinco de Mayo celebration.

The arguments go well beyond the courtroom. Each new court decision brings a new wave of international media attention to Morgan Hill.

On Feb. 27 of last year, the United States Court of Appeals for the 9th Circuit ruled that school officials intervened in concern of a violent disturbance threat and that the threat that was on campus at that time was real.

Many who did not understand the circumstances of the case were angry. In advance of May 5, 2014, FOX News again reported that a school in Morgan Hill bans the American flag. I had to confirm with many news agencies, including the BBC and Time magazine, that the FOX report was wrong.

The facts of the case can be found at http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/27/11-17858.pdf.

The issue may not end with the 9th Circuit Court’s decision. The plaintiffs appealed to the highest court in the nation, although the Supreme Court can refuse to take the case. The Supreme Court receives thousands of such appeals each year, and denies all but about 100. Of one thing we can be sure, the media will inform the world of the decision and we will once again hear from those near and far.

Steve Betando is the superintendent for the Morgan Hill Unified School District.