A Mexican-American student living in Colorado sued her school district after she was banned from wearing a serape — a traditional Mexican garment — during her high school graduation ceremony, the Mexican American Legal Defense and Education Fund (MALDEF) said Friday.
Naomi Peña Villasano, 18, a student at Grand Valley High School, located in Parachute, on the slopes of the Rocky Mountains and 320 kilometers west of Denver, met last April with the requirement to send the authorities of that school a photograph of her attire for graduation. to be held on Saturday, May 27.
The serape the student planned to use — a gift from her brother — bears the flags of Mexico and the United States, symbols of their dual cultural identity. However, the garment was not approved by the educational authorities.
Naomi Peña Villasano, 18, graduates Saturday, May 27, from Grand Valley High School in Colorado.Courtesy Daisy Jasmin Estrada Borja
In response to the ban, she filed a lawsuit this week against Garfield County School District 16, five board members, Superintendent Jennifer Baugh and Grand Valley High School Principal Kelly McCormick.
The 18-page complaint asks that a judge authorize Peña Villasano to use the serape during graduation and, in addition, says the school principal did not explain the reasons for the refusal. MALDEF and the law firm of Greenberg Traurig, LLC are representing the young woman.
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According to the lawsuit, when a professor heard Peña Villasano comment on the garment he would wear at his graduation, he told him it would not be allowed at the ceremony.
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After the comment, the lawsuit said, the student went to the principal's office to ask if she had authorization to take her. According to the court complaint, the director's secretary looked at the photo of the serape and told Peña Villasano that the garment "wasn't going to open many doors for him."
Noticias Telemundo left messages at the offices of Garfield County School District 16 and Grand Valley High School for comment, but did not receive an immediate response. The district later said it would not comment, citing ongoing litigation.
Superintendent Baugh told The Denver Post that Garfield County School District 16 had no comment on the ongoing litigation.
Finally, according to the lawsuit, the director confirmed that he could not wear the traditional Mexican garment during his graduation, and acknowledged that there was no written rule or policy about it.
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The lawsuit expanded that Peña Villasano's sister-in-law contacted Superintendent Baugh to discuss the issue, and Baugh allegedly told her that students could wear clothing or objects related to Native American and Pacific Islander cultures or those related to military service.
Against freedom of expression
According to the lawsuit, in 2021 and 2022, Grand Valley High School allowed Polynesian students to graduate wearing the region's traditional flower garlands. In 2022, a Mexican student from that same school graduated carrying a serape on his shoulders. Also last year, two students wore necklaces made from dollar bills, the court document said.
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According to MALDEF, the case contains two problems: Not allowing Peña Villasano to wear the dress he chose on graduation day infringes on his freedom of speech, guaranteed in the First Amendment of the United States Constitution.
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Second, other students will be allowed to wear badges or wear other items related to their culture or current or future military service during graduation.
"We live in an era of increasing threats to the First Amendment in public schools," said Thomas A. Saenz, president and general counsel of MALDEF. "In this case, the district has wrongly concluded that it may discriminate against certain students and their heritage, while honoring other students. Our Constitution does not allow for that obvious discrimination."
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Kenneth Parreno, an attorney for MALDEF, emphasized that "the U.S. Constitution and Colorado law protect the rights of students to express their cultural heritage, and schools cannot choose what types of cultural heritages can be celebrated."
"I'm proud of who I am"
MALDEF's lawyers explained in their lawsuit that Peña Villasano identifies with both his Mexican heritage – from his family and ancestors – and his U.S. citizenship, and that is why the serape bears the flags of both countries.
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Last week, Peña Villasano testified before the school board, asking them to allow him to wear the serape.
"I'm in the 200% group: 100% American and 100% Mexican," Peña Villasano said during his testimony. "I was born in the United States but my parents are Mexican immigrants who came here looking for a better life [...] They have sacrificed for me and given me everything in so many ways that I am so much more than grateful for it. Also my brothers. I'm proud of who I am and the opportunities I have," she said.
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At the conclusion of the meeting, the lawsuit said, Lynn Shore, president of the Garfield County School District 16 Board of Education, said the district's rules regarding objects and clothing at graduations would be enforced.
However, Shore and Baugh acknowledged during the meeting that there was no written policy on the matter, the document expanded.
According to MALDEF, Superintendent Baugh reportedly told Peña Villasano that allowing him to display flags at graduation would "open the doors" for other students to "display flags that could be offensive."
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In statements sent by MALDEF, Peña Villasano expressed that "'I want this change to happen not only for Latinos, but for all future graduates, so that no one else has to go through what I have been through.'
Grand Valley School has about 300 students, 35 percent of whom are Hispanic. In addition, 52% of students come from low-income families and only 37% of students are at the academic level they should be. In Garfield County, Hispanics make up 29% of the 62,000 residents.
With information from The Denver Post, EFE and MALDEF
