Judge: School district can bar student from wearing Mexican and American flag sash at graduation

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Judge: School district can bar student from wearing Mexican and American flag sash at graduation
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A federal judge ruled Friday that a rural Colorado school district can bar a high school student from wearing a Mexican and American flag sash at her graduation this weekend after the student sued the school district.

In this undated photo, Naomi Pea Villasano poses with a sash of both the Mexican and American flags that her school district barred her from wearing for her high school graduation ceremony. After Pea Villasano sued the district alleging that it violated her right to free speech, a federal judge in Colorado is weighing whether to let Pea Villasano wear the sash for graduation Saturday, May 27, 2023.

The ruling was over the student's request for a temporary restraining order, which would have allowed her to wear the sash on Saturday for graduation because the case wouldn't have resolved in time. Wang found that the student and her attorneys failed to sufficiently show they were likely to succeed, but a final ruling is still to come.

Attorneys for Naomi Peña Villasano argued in a hearing Friday in Denver that the school district decision violates her free speech rights. They also said that it's inconsistent for the district to allow Native American attire but not Peña Villasano's sash representing her heritage. The sash has the Mexican flag on one side and the United States flag on the other.

“The district is discriminating against the expression of different cultural heritages,” said her attorney Kenneth Parreno, from the Mexican American Legal Defense and Educational Fund, at Friday's hearing.

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