District opts to file appeal of T-shirt suit decision Tuesday, July 04, 2006 • BY LYNN OLANOFF • The Express-Times WASHINGTON TWP., N.J.| Warren Hills Regional School District's five-year court battle over a student's right to wear a "redneck" T-shirt will continue. The district's school board voted Monday to appeal a court decision forcing the district to pay $574,245 to cover legal fees the student incurred during a 2001 lawsuit. The board voted 7-2 during an emergency meeting at 9:30 a.m. Thomas Sypniewski, a 2001 graduate, was suspended from school for five days for wearing the shirt in March 2001, a time when racial tensions were elevated in the district. At that time, white students who identified themselves as hicks and rednecks were harassing the school's small group of black students. He dropped his lawsuit against the district in May, but continued to pursue the issue of legal fees. U.S. Magistrate Judge Tonianne J. Bongiovanni awarded legal fees to Sypniewski after determining that he was the prevailing party. Her decision was based on a 3rd Circuit Court of Appeals ruling in 2002 that struck down a portion of the school district's anti-harassment policy and upheld Sypniewski's right to wear a Jeff Foxworthy "You Might Be a Redneck" T-shirt to school. After Bongiovanni's decision was made public June 14, Superintendent Peter Merluzzi and board President James Momary said the legal battle was necessary to protect minority students. "Obviously we still feel that way if we're proceeding. That basically speaks for itself," Momary said Monday before declining further comment. Other board members also declined comment when reached by telephone following the board meeting. "The attorneys told us to refer any comment to them," board Vice President Karen Graf said. Board attorney James Broscious did not return calls for comment. Board member Kathy Halpin said she voted against the appeal. "I don't see a favorable outcome to that appeal and I just think it's going to cost more money," she said. The district also is requesting a stay on Bongiovanni's decision to postpone any payment to Sypniewski until after the appeal is decided, Momary said. Sypniewski's attorney, Gerald Walpin of New York City, said Monday he believes the appeal will be denied. Appellate courts "rarely will interfere with the exercise of discretion with the trial court in these matters," he said. "This is a continuation of the poor judgment they've shown since I begged them in the beginning not to force a lawsuit." Reporter Lynn Olanoff can be reached at 908-475-8044 or by e-mail at lolanoff@express-times.com. © 2006 The Express-Times. Used with permission.