The Mail-Journal, Volume 7, Number 32, Milford, Kosciusko County, 9 September 1970 — Page 4

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THE MAIL-JOURNAL—Wed., Sept. 9, 1970

Lakeland SCHOOL NEWS ••• £*•

Court Rules Against Long Hair Restriction

By ANN WICKERSHAM A court hearing was held in U. S. District Court at South Bend Friday on a suit by Chester Carpenter, father of Greg Carpenter, a student at Wawasee high school who was expelled April 16,1970. for failure to cut his sideburns or hair. His parents refused to sign the deviation clause The suit was against Don Arnold, superintendant; Henry L. Smith, principal; Jerry Helvey, Dr. Robert Craig, Floyd R. Baker, Kenneth Haney and Charles Kroh. all members of board of Haney has been replaced by Billy Little, who became a defendant. Counsel for the defendant stated the dress code was formed by students, teachers and administrators and was passed by student council. The dress code does allow the wearing of hair any length if the deviation clause is signed by the parents Constitution Protects Minors Judge Robert T. Grant stated that the constitution protects minors as well as adults and that the court does not express personal opinions. Thomas Singer, attorney for Carpenter, stated that the school must have parents' signature for

NEXT WEEK IN THE LAKELAND SCHOOLS Today 3:30-5 pm. — Milford GAA. Thursday 7:30 p.m. — Kiwanis Travelogue in WHS auditorium 4 p.m. — Tennis with Warsaw at Wawasee Fridas f 7:30 pm. WHS footbalArith Rochester at Wawasee — parents night 8:15— WHS cross country with Pierceton at Wawasee r Saturday 10 a m — WHS junior varisty I football at Rochester Monday 4:lspm— WHS tennis at West Noble Tuesday Syracuse junior high football with Avilla at Kendallville.

NOTICE TO TAXPAYERS OF KOSCIUSKOCOUNTY OF TAX RATES CHARGED Nolle* i* hereby given that the Tax Duplicate for the several taxing unit* of Kosciusko County for the year 1969 payable in 1970 are now in the hands of the County Treasurer, who is ready to receive the taxes charged thereon The following table shows the total tax levied on each <IOO. worth of taxable real and personal property in each taxing unit. Both installments delinquent after first Monday in November. 1970. “ WM. B KI.LIS. Treasurer. Kosciusko County, Indiana —" . 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any outside activity, but that when a boy shows up with long hair that it must be acceptable with his parents He also stated that the deviation clause must be signed before September 15. Attorney Arthur May, attorney for the defendants, declared the dress code not unconstitutional. Singer to. Prepare Order When talking with attorney Singer after the hearing he related that he had been asked to prepare an order to submit to the court to enjoin the defendants from the dress code on Greg. He is the only plaintiff now. but if he wins, then they can file class action for all students to discard dress code When asked how Greg would proceed in school, attorney Singer said he would just have to take what courses he could get in. It will now be up to the defendants if they want to appeal judge Grant’s ruling Judge Grant will set the date for a hearing on Greg's suspension in April. Attorney Singer stated there has never been a deviation court action on dress code before. Facts of Case On April 16, 1970, Greg was expelled for failure to cut his

4 p.m — WHS tennis vs Manchester at Wawasee. 4 :30 pm— WHS cross country at Manchester. 7.30 p.m — Syracuse schools PTA meeting Wednesday 4:30 p m — Milford junior high football with West Noble at Milford. County Chairmen Named For United Fund Dave Andrews, chairman of the United Fund county division, ’today announced the appointment of his vice-chairman and community chairmen throughout the county. Norman L. Hagg will serve in the capacity of vice chairman of Andrew’s division Serving as community chairmen and now organizing solicitor groups are the following. Chester Clampitt, Jr., Atwood; Mrs. Mildred Engle.

sideburns or hair. On April 29. 1970, he received a letter from principal Henry L. Smith, that he was suspended for three days, for reasons not clear in the letter according to the plaintiff. On May 4. 1970, Greg attempted to enter school, only to learn that he had been suspended for the remainder of second semester of the 1969-1970 school year. He also received a letter on May 1, 1970, from superintendent Don Arnold, to him and his parents, confirming the suspension. This letter stated it was based on the decision of school board of trustees after a meeting held on April 30. 1970. The plaintiff's attorney then sent a letter to principal Henry L. Smith and a copy to superintendent Don Arnold, informing them of the decision of the United States Court of Appeals for the seventh circuit dated December 3. 1969, entitled Breen vs Kahl, when the court held invalid a school appearance code promulgated by the William Bay, Wisconsin schools. The complaint was filed on May 6,1970, by the plaintiff. Greg Carpenter, but due to the summer months was held over until September 4.

Leesburg; Richard Goshert. Burket; Mrs. Jeanette Humphries. Pierceton; Mrs. Ted Kerlin, Silver Lake; Ed Likens. North Webster; Bill Little, Milford; Seth Mason, Etna Green; Mrs. Tom Prickett, Syracuse; Don Smythe. Mentone; Robert Warren. Gaypool. Campaign materials are now being distributed in preparation for communiw Kick-Offs during the week of September 14th. TOPS CLUB MEETS TUESDAY The Minnie Mizers T O PS, club of Syracuse met at Jaycee hall Tuesday evening with Mrs. Richard Plikerd, Sr., presiding for the short business meeting. The clubs’ total loss for the week was 17 and one-half pounds. Mrs. Tom Sterling was the weekly queen. LAKELAND LOCAL Mr. and Mrs. Richard Goshert of r 5 Warsaw were Labor Day guests of Mr. and Mrs. Charles Schell of Milford.

WHO ARE THE REAL LOSERS? (Guest Editorial) Although the legal action heard in the South Bend Federal District Court on Friday, September 4, (Carpenter vs Arnold, et al) will be entered into the records as against the Lakeland Community School Corporation, the finding by Judge Grant was in reality adjudged against the student body of Wawasee high school. For it was the action of the student council, approved by the majority vote of the student body, that placed into the hands of the administrators the dress code to be enforced for the 1970-71 school year. The question in the court dealt only with the deviation clause required in the code for the right of a child to wear his hair at any length without the parents written consent. The judge ruled the parent is not required to sign any deviation regarding length of hair. The right to wear one’s hair at any length is guaranteed by the Constitution of the United States. The exceptions arise when cleanliness and health become a matter of concern and the laws of the state provide for the suspension of students when a health hazard exists. In announcing the decision of the courts to the student body on Friday afternoon, principal Henry Smith said the decision of the court in regards to hair would be carried out.

Kz-y lunch Ist: Xl menus L MONDAY — BBQ sandwich, buttered potatoes, fruit, cake and milk. TUESDAY- Meat loaf, mashed potatoes and gravy, bread and butter, cherry cobbler and milk. WEDNESDAY — Chicken and noodles, sweet potato, lettuce salad, hot rolls, butter and honey and milk. THURSDAY - Cold meat sandwich, sliced tomatoes, creamed peas, pineapple upside down cake and milk. FRIDAY — Tuna salad sandwich. slice of cheese, tri-taters, fruit and milk.

Student Flight Instruction AT WAWASEE AIRPORT Phone: 457-4168 Cherokee 140 And Cessna 170 B For Instruction or Rental. Aerial Photography By Devon Phelps — — Call for information —

Receives Injuries In Cycle-Car Accident Serviceman Eugene C. Frederick, 20, r 2 Syracuse, sustained multiple fractures to the right leg in a motorcycle-car accident at 1:10 p.m. Monday on SR 13 south of Syracuse. The mishap occurred as Cathryn V. D>eal. 22. of Fort Wayne, driver of a 1968 Buick attempted a left turn into a roadside market, into the path of the cyclist. The Frederick Honda struck the left rear of the Buick. On leave from the service, Frederick was taken by private ambulance from Goshen hospital to Elkhart hospital and later transferred to Great Lakes, 111. Oliver Replogle Wins Blind Boogie Oliver Replogle of Milford was winner of the blind boogie held at the Wawasee Golf club on Labor Day. Replogle finished with a 71. LAKELAND LOCAL The Gaugler family of r 1 Syracuse will be leaving this week end for their Dayton, Ohio, home, after spending the summer months at Lake Wawasee.

School Board To Appeal Court Ruling

In reference to the September 4 ruling in the Federal District Court regarding the deviation procedure for the wearing of long hair by boys of Wawasee high school, the board of school trustees of the Lakeland Community School Corporation issues this statement: “The ruling on hair provisions in the dress code in no way effects the reasonableness of the remainder of the dress code which is required at Wawasee

Wawasee Prep To Play First Football Game

This Friday night, Sept. 11, the first football team from Wawasee Prep will do battle at South Central high school at Union Mjlls. Some sixty -eight boys came out for the team for its first year this fall. This is an indication of the enthusiasm and spirit the opponents can expect from those participating in this new varsity sport at Prep. Coach Phil Jones has placed B the team on a rigorous program in order to be ready for the first game. The team has an abundance of quick and speedy backs with a light but charging line. Coach Jones feels that the defense is way ahead of the offense at this point. Both continue to improve. The team is made up of six seniors, 18 juniors, 20 sophomores and six freshmen.

BOAT STORAGE MARINE SERVICE Al’s South Shore Marine Next To South Shore Golf Course Syracuse, Ind.

high school, nor will it in any way deter from the disciplinary expectations and procedures at Wawasee high school. The court has ruled on Greg Carpenter only in reference to his length of hair. The conduct of Greg Carpenter relative to his suspension from School for disciplinary reasons last spring, was not a part of the proceedings of September 4. Court action in this regard is still pending. Since the ruling of the district court appears to have questioned the parent’s

The boys come from schools in Indiana, Ohio, Illinois. Michigan, and Kentucky. Prep will have a fine looking sophomore quarterback in Sylvester Allen-6’-3” from Chicago. Greg Anderson from Chicago and Rod Martin from South Bend will start as halfbacks and Ray Vanett from South Bend will start as fullback. The offensive line will have depth but little experience. Standouts on the line will be Shawn Hammer from South Bend, a big tough tight end and Coach Jones is counting on strong play from Cliff Mack, Jerry Brown, Steve Smith, Mike Pain, Mike Elward, Tim MGuire, Howie Witherspoon, Brad Vite, Bill Nelson, Terry Bonds, Maurice Johnson. Bill Gasparo, Ken Brown and Jim Goodall.

responsibility regarding the welfare and control of a child, the borad of school trustees have decided to appeal the ruling to the 7th Circuit Court of Appeals in Chicago in an effort to uphold their belief in parental control.” Members of the Lakeland Community School Board of Trustees are Jerry Helvey, president. Dr. Robert Craig, vice president, Floyd Baker, secretary, Charles Kroh and Bill Little.

Prep will play three varsity games against South Central. Glenwood Boys’ School, and" Indianapolis Park; three junior varsity games against Howe Military School JV, Wawasee high school JV.and West Noble JV. There will be one FroshSophomore game played against East Noble. Coach Jones believes that Prep will be strong but will improve with more experience. *. MILFORD POLICE ARREST TWO FOR ILLEGAL DRIVING Don Drake, Milford police chief, arrested two persons this week and charged both with driving without an operator's license. Arrested were Ruperto Hernandez and Jesus Salazar, Jr., both of Milford.