Coosa High School students’ lawsuit over ‘Black Live Matter’ shirts can move forward in part

ROME, Ga. - A civil rights lawsuit filed by five Black Coosa High School students against the Floyd County School District can proceed to mediation. 

The lawsuit alleges that the students' First Amendment rights were violated after they were singled out for wearing shirts that read "Black Lives Matter" in protest of a series of racist incidents on campus in 2021, including a Confederate battle flag displayed by students. The students believe they were targeted for their expression, while no actions were taken against the students who were waving what is held by many to be a symbol of racism. 

Civil rights attorney Harry M. Daniels, alongside Artur Davis and Shannon Liss-Riordan, filed the lawsuit in May 2022. It describes an "egregious pattern of deliberately ignoring the Plaintiffs' complaints regarding repeated incidents of racial intimidation and bigotry." 

This image from video provided to FOX 5 shows students on the campus of Coosa High School displaying a Confederate battle flag in 2021.  (Supplied)

According to the lawsuit, Black students at Coosa High School were subjected to numerous acts of overt racism and racial intimidation. One incident described in the lawsuit involved a white student wearing a Confederate flag belt who allegedly called Black students "slaves." In another incident, a white student reportedly threatened Black students, saying, "we used to whip you with this," while holding a whip. The lawsuit also details an incident where white students reenacted the murder of George Floyd in a school hallway, as well as openly racist remarks made by white teachers. 

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Coosa High School (FOX 5)

Nearly 60% of Coosa High School's student body is white, while approximately 10% are Black. 

"Whether it's in the classroom or the boardroom, racists and bullies have no place in our schools," Daniels said. "The administrators at Coosa High School and the Floyd County School District would do well to learn that lesson. After all, it's 2024, not 1964." 

Daniels added, "From turning a blind eye to actively defending racists while punishing Black students, the administrators at Coosa High School and the Floyd County School District have made it clear where they stand. We stand with these students fighting for their rights to live and go to school without fear of intimidation." 

The judge ruled that two counts of allegations about discriminatory enforcement of the dress code could not move forward, but other counts pertaining to the student's equal protection and Title VI claims, related to student-on-student harassment, could move forward. In addition, the issue of protection allegations about inconsistent enforcement of disciplinary policies could also be addressed.

All parties must enter meditation within seven days and are required to submit a pre-trial order at its conclusion, if unsuccessful.

US District Judge Leigh Martin May signed the ruling moving the case forward on Wednesday.