Newton sued over lack of flags at schools
By Denise Lavoie, Associated Press
12/21/2001 17:25
BOSTON (AP) When Principal Michael Welch first started
at Newton South High School, the flagpole in front of
the school was empty.
Welch formed a voluntary ''patriotism committee'' to
encourage students to raise the American flag and say
the Pledge of Allegiance each day before classes
started.
But that's not enough, according to a lawsuit that
claims the Newton school system is violating a state
law requiring a flag in every classroom and a daily
recitation of the Pledge of Allegiance.
The suit seeks $20,300 in fines for violating the law
for at least the last four years.
''We want them to abide by the law and we want a
school policy on where the flags will be hung,'' said
Jackie Morrissey, one of two city residents who filed
the lawsuit.
''We are not saying that everybody has to salute the
flag, but ... it represents everything that this
country is about the freedom. That's why this is
important.''
Morrissey, who hosts a cable television talk show in
the city of 84,000 just west of Boston, said he sued
after years of hearing from veterans and students who
complained that there were only a handful of flags in
the schools and no real policy on reciting the Pledge
of Allegiance.
The law requires that a flag be displayed in each
classroom and assembly hall or ''other room ... where
the opening exercises on each school day are held.''
It also says, ''Each teacher at the commencement of
the first class of each day in all grades in all
public schools shall lead the class in a group
recitation of the 'Pledge of Allegiance to the Flag.'
''
Welch was unaware of the law when he took the job at
Newton South a little over a year ago. When he noticed
the school's empty flagpole, he got a flag and formed
a committee of students to be responsible for raising
the flag each morning.
''They would raise the flag, say the Pledge of
Allegiance and then go to class,'' said Welch. ''It
was something that I wanted to try to make an option
for everybody if they wanted to do it. It wasn't
something that we forced kids to do.''
Since learning about the law, Welch has also ordered
enough flags for each of the school's classrooms. They
will be put up next week, while students are away for
the holidays, Welch said.
Welch said the school plans to continue to offer
students the chance to say the Pledge of Allegiance
outside near the flagpole, but not inside every
classroom.
School system attorney Dan Funk said school officials
ordered 300 flags soon after receiving a letter of
complaint in October from Brenda Loew, the other
Newton resident who sued.
The claims made in the suit could soon become ''moot''
because school officials now have enough flags to put
one in every classroom and expect to be in full
compliance with the law within the next week or two,
Funk said.
Morrissey, however, said the schools will not be in
compliance until they make sure every teacher leads a
recitation of the Pledge of Allegiance each day.
Funk said there has been controversy over that portion
of the law.
In 1977, the state Supreme Judicial Court ruled that
making recitation of the pledge mandatory was
unconstitutional. However, the state Legislature later
voted to require daily pledges. Former Gov. Michael
Dukakis vetoed the bill, but the Legislature overrode
his veto.
Funk said Newton schools are in compliance with the
law.
''The pledge is not an issue in the schools. It's
routinely recited; it's just not required,'' he said.
''How can we be in violation of a statute that part of
which has been ruled unconstitutional?''
Jennifer Huntington, principal of Newton North High
School, said the school recently received additional
flags so that there is now one in every classroom. She
said the Pledge of Allegiance is said at 7:45 a.m.
each day in the English and Social Studies office,
just before school starts.
''They can go there to say it if they want to,''
Huntington said.
But Morrissey thinks schools make it difficult for
students who want to say the pledge.
''They do everything in their power to be
un-American,'' Morrissey said.
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