Note: All information below is sourced from the La Jolla Light and FIRE (Foundation for Individual Rights and Expression), who is representing the family in the suit.

The family of a Muirlands Middle School student filed a lawsuit against San Diego Unified School District employees after he was suspended for wearing “offensive facepaint” and mimicking blackface. According to reporting by the La Jolla Light, the accusation began when the student attended a La Jolla High School football game on October 13, wearing black face paint on his cheeks, chin, and under his eyes. The following Wednesday, the student was suspended for two days and prohibited from attending school athletic events. The family said the student was mimicking athletes who wear “eye black to reduce the effects of glare on the field” and was unfamiliar with the concept of blackface at the time. The family also says another student applied the paint to the boy’s face and had no intention of offending anyone. 

The student’s family appealed the suspension to the district to keep it off his academic record as he goes through high school and college, and the appeal was denied. When the district did not strike the suspension from the student’s record, his family decided to file a lawsuit. According to FIRE, the suit was filed on January 22, claiming the suspension violated his right to freedom of speech and right to due process. Additionally, they want the suspension removed from his academic record and for him to be allowed to attend sporting events. They also point out that several Muirlands Middle School students wore face paint similar to their son, and no complaints about the face paint were registered at the game. 

Karin Sweigart, the attorney representing the case, explains how the situation will negatively impact the student’s future, “He might have to not only have short-term ramifications; he would have to have this on his student records when he’s applying for high schools. But also, potentially, this could come up with colleges with future job applications.” The suspension has caused” emotional damage” for the student, and his family plans on switching him to a different school.