A federal judge in Baltimore threw out yesterday a lawsuit by a group of Westminster High School students who have been barred from extracurricular activities as the result of a weekend party last month at another student's home where alcohol was consumed.
The 16 students, ranging from sophomores to seniors, have been barred from sports teams, student government, the National Honor Society, chorus -- even Students Against Drunk Driving (SADD).
They and their parents had sought a temporary court order lifting the ban and a permanent ruling that the school's action violated their constitutional rights. Named as defendants were the county school board, Superintendent William H. Hyde and Westminster High School's assistant vice principal, John Seaman.
"I represent kids that didn't drink alcohol and were merely in attendance at the party -- and left the party when they heard there was alcohol," said their attorney, Thomas M. Wood IV. "In some cases, I represent children who were called by siblings to come get them because there was alcohol."
None were drinking, and all began to leave the party soon after the alcohol appeared, according to the lawsuit and the students' affidavits. One senior went to the party to pick up a younger sister who had called for a ride, while others said they lingered only to call parents or to try to take away others' car keys.
The students followed the policies of SADD and specific instructions from their parents to care for the safety of others at the party on Feb. 6, according to their complaint. The students, including 12 seniors, said the suspensions for 45 days or through the end of a sports season could ruin their college prospects.
About 40 students were deemed ineligible to participate in extracurricular activities because of the party.
'No prospect of success'
In an oral ruling from the bench, U.S. District Judge Frederic N. Smalkin agreed that the students face hardships that might be irreversible, but he said the school board's action did not bring into play the Constitution's protections.
Citing court opinions on extracurricular activities, he said, "There simply is no prospect of success at all on any federal claim in this lawsuit."
Thus, Smalkin said, he would not rule on other arguments -- that the school board overstepped its authority under state law, that the rule is vague, and that merely attending a party does not amount to possessing alcohol.
He also commented: "This lawsuit is far from frivolous. I think it raises issues that can and should be raised in the state court."
If further legal action is taken, Wood said, it probably would be in Carroll County Circuit Court.
But first, he said, the students will await the outcomes of their appeals to Hyde, the school superintendent.
"It is my hope that kids who did not drink and who acted responsibly would not be disciplined," said Wood. Then, "I won't have to challenge the rule further."
Edmund J. O'Meally, attorney for the school board, said appeals courts for many years have upheld the right of school authorities to determine eligibility policies.
"My reaction is, I'm not surprised the judge did what he did. I think the case law is pretty clear-cut, not only in this circuit but in other parts of the country," O'Meally said. "We're dealing with an area that I believe is best left between parents and educators and not in a court of law."
At a regular meeting of the school board Wednesday night, several parents and students carried signs or addressed the board during the public-comment segment. Neither the board members nor Hyde responded directly.
The homemade signs ranged from a simple "UNFAIR" to a lengthier "School policy -- 24 hours a day? 7 days a week? 365 days a year? I think not."
Ryan MacCubbin, who was removed as president of the junior class and from other student-government roles and was a plaintiff in the lawsuit, told the school board that morale at Westminster High School is low.
'We used to really care'
"Our attitude is, we used to really care about the school. Now that this has happened, it showed a lack of respect for us, and I feel like I don't care anymore about the things I used to care about," he said.
Senior Angela Baer spoke of how "we worked for three years to build up the reputation of this school. Since this incident, we've been kicked out of everything and pushed down.
"We were the ones who were acting responsibly," she said of the students' actions after alcohol appeared at the party. "It's important to know everyone's story before judging the whole group."
Sun staff writer Melody Simmons contributed to this article.
Pub Date: 3/12/99