District pays ex-student $574,245 in legal fees. Thomas Sypniewski had sued Warren Hills Regional over "redneck" T-shirt ban. Wednesday, August 16, 2006 • BY LYNN OLANOFF • The Express-Times WASHINGTON TWP. | Warren Hills Regional School District has paid $574,245 to a former student who sued after school officials banned him from wearing a "redneck" T-shirt five years ago, district officials said Tuesday. The school board had voted July 3 to appeal a court decision forcing the district to pay Thomas Sypniewski's legal fees but has since decided not to appeal, board members said at Tuesday's meeting. "It's a question of how far do you go, how much money do you spend?" board President James Momary said. "The board decided in its infinite wisdom, enough is enough." Superintendent Peter Merluzzi said the board voted initially to appeal the court decision to buy itself some time. Merluzzi said the district had set aside over the years about $500,000 to pay for the lawsuit. He had said previously he did not expect any school programs would have to be cut as a result. The district is seeking reimbursement from its insurance company on the payout, Merluzzi said. So far, the insurance company has refused payment, he said. The legal battle started in 2001 when Sypniewski, then a high school senior, sued the district after he was suspended for five days for wearing a Jeff Foxworthy "You Might Be a Redneck" T-shirt to school. At that time, white students who identified themselves as hicks and rednecks were harassing the school's small group of black students. Sypniewski 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 he was the prevailing party. Her decision was made public in June. It 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 to wear the shirt. An appeal of Bongiovanni's decision would have likely ended up in the 3rd Circuit Court of Appeals again, another contributing reason against the appeal, Momary said. "We don't see light at the end of the tunnel," he said. Neither Sypniewski nor his attorney, Gerald Walpin, could be reached for comment Tuesday night. 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.