A JW GrandMother has filed a lawsuit against a California School claiming that her grandson was forced to recite the Pledge Of Allegiance and forced to articipate in Holiday activities.
Interestingly, this JW also complains that she personally was prohibited from "witnessing" to other schoolchildren from the WatchTower Society's "Book of Bible Stories":
Woman claims grandson faced discriminationBy SUSAN HERENDEENBEE STAFF WRITER
A South San Francisco woman with no legal training is taking on Modesto City Schools in federal court and she is making some headway with a discrimination complaint.
Eon Walden, who is black and an ordained Jehovah's Witness minister, contends that she and her grandson were subjected to racial and religious discrimination at Sonoma Elementary School.
One of her chief complaints involves a Thanksgiving activity. Another involves the daily pledge of allegiance, a practice to which members of Walden's faith object.
Attorney Michael Woods of Fresno, who represents the district, said Walden does not have facts to back up her claims. "This case is absolutely without merit," he said.
Walden, who is raising her grandson and representing herself in court, did not return calls seeking comment.
In her lawsuit, Walden said she had to move to a more racially tolerant environment to provide her grandson, a special education student, with an appropriate education.
She is seeking an unspecified amount of money to punish the district and compensate her for emotional distress.
U.S. District Court Judge Robert E. Coyle said on Sept. 6 that Walden can proceed on four of her 13 claims.
In a written order, the judge said Walden must articulate some of her arguments more clearly by Oct. 24. He noted that people who represent themselves are given more leeway than attorneys.
The judge said Walden lacked proof to go forward with a racial profiling claim. And he rejected other allegations slander, defamation and negligence because they were not filed on time.
In California, people have six months to file claims against a government agency. If the agency rejects the claim, they have six months to file a lawsuit.
Walden filed her lawsuit in December, nine months after the district rejected her claim.
The judge said claims based on federal law may go forward.
In her lawsuit, Walden said she asked a fourth-grade teacher to exempt her grandson from nationalistic and holiday activities, because she objects to them on religious grounds.
She said the child was nevertheless required to color a Thanksgiving turkey and instructed to deliver the picture to the principal, but not tell his grandmother about the activity.
She also contends that the child was forced to recite the pledge of allegiance, over her objections.
Walden claims that the district violated her grandson's First Amendment right to religious freedom.
In his ruling, the judge said there may be some question over the Thanksgiving picture, but that schools cannot require students to participate in the pledge.
Other claims by Walden involve two incidents on the east Modesto school playground, according to court papers.
On March 19, 2002, Walden's grandson was sent home with a discipline slip for pushing. He also got a warning that he would be suspended for five days if he were caught fighting again.
Walden contends that a white student who was mutually responsible for the fight was not punished.
Also according to Walden, on Sept. 25, 2003, an adult yard aide grabbed her grandson by the ear and called him "black boy" as she dragged him across the yard, with other children watching.
Walden contends that the principal informed her that her grandson had been playing with his milk, but said nothing about the yard aide.
The district argued that Walden's claims were too vague to merit a response, but the judge said the allegations were sufficient for litigation to proceed.
The judge rejected Walden's other major claim that the district infringed upon her ability to practice her religion by limiting her access to school grounds. A principal temporarily revoked Walden's visitation privileges after a Nov. 19, 2003, incident, but reinstated them later, with a warning that Walden could not talk to students when she was on campus.
In court papers, Walden argued that she was penalized because she responded when a child asked her to explain an illustration in a book of Bible stories during a lunchtime visit.
She said she was singled out because she is black and practices a nonmainstream religion.
The judge said school officials had a right to regulate Walden's activities on campus.
Bee staff writer Susan Herendeen can be reached at 578-2338 or [email protected].
Posted on 10/11/05 00:00:00