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Itawamba denies McMillen's claims
by Chris Kieffer/NEMS Daily Journal
20 months ago | 1548 views | 25 25 comments | 9 9 recommendations | email to a friend | print
The Itawamba County School District denies that it had any role in planning a "sham" prom for lesbian student Constance McMillen.

In court documents filed Friday, the district also denied that a separate "prom" was held at the Evergreen Community Center.

The papers were an answer to the lawsuit filed April 21 by lawyers representing McMillen, a former student at Itawamba Agricultural High School.

That suit claims the district organized a fake prom for McMillen and a female date and then helped plan a second private prom that McMillen was not invited to attend.

The Itawamba School District and McMillen, who has since transferred to a school in Jackson, have been wrapped in controversy since the district denied the senior's request to attend prom with a female date and to wear a tuxedo to that dance.

After the ACLU of Mississippi sent a letter demanding that the district change that policy, the district announced it would no longer sponsor a prom for IAHS.

Parents organized and then canceled a private prom at the Tupelo Furniture Market. An unknown group then organized another private prom at the Fulton Country Club and invited McMillen and a female date.

McMillen did attend on April 2 but saw only seven other students there. Meanwhile, many more attended a private event held that night in Evergreen. McMillen said she was not invited to attend that event.

In the lawsuit, McMillen's lawyers claimed that her free-speech rights were violated and request monetary damages at an amount to be determined by the court.

Friday's response was filed by Itawamba County School District attorney Michele Floyd and by Ben Griffith of Cleveland, who also is representing the district on this case.

The filing admits that Superintendent Teresa McNeese and Floyd attended a meeting on March 29, the day that the private prom scheduled for the Tupelo Furniture Market was allegedly canceled. But it denies that the parents were encouraged to cancel the Tupelo prom or that the parents decided instead to hold two proms.

The lawsuit filed by McMillen's lawyers contained two pages of photographs taken from Facebook.com that the plaintiffs claimed were of students at the Evergreen event.

But the lawyers from the defense say one page shows photos of students in Memphis. They said that the photos on the other page are not of IAHS students and are not of "the social event at Evergreen."

The reason the district withdrew its sponsorship of prom was "concerns about teacher time spent organizing the prom and district liability over potential student drinking and drug use," the filing states.

Friday's response does admit that some school district officials acted in their official capacity to plan a "real prom" at Fulton Country Club.

Contact Chris Kieffer at (662) 678-1590 or chris.kieffer@djournal.com.
Comments
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rstanfordemtp
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May 27, 2010
Well chickone let us see if the great ACLU comes to my aid against you since you slandered me by calling me a dumbass since you have no idea who I am or anything about me. I was not putting her down, what I said was if she had just went with her date whomever it was, and didn't show up with her, nothing would have been said. I have had bad dealings with IAHS as well and am not a big fan of them either. By the way laws are made of a group of opinions. Learn to read as well it's not ratsforemtpy. You must get a report on where the school money is spent. Since both proms where paid for with "public money", bring that proof forward because that has to be public knowledge. If it wasn't paid for with "public money" quit bitching!!!!!!!!! If it was then I will be on your side.
rstanfordemtp
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May 27, 2010
nutcase
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May 25, 2010
i could be way off here but i think it is going to come down to who paid for the private party. Even is the school knew of the private party there is nothing they could do to stop it.

Was it morally right, no. Was it a mean thing to do, yes. Do i understand why they did it, yes.
lady_in_black
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May 25, 2010
proudchristian03, a school sponsered prom, when it is being held at a public school, is open to everybody. Constance was not invited to that prom, that is what started this whole thing. Her rights were violated then. No one can argue with that. Then the school held a prom at two other locations, one billed as the "real" prom and the other billed as a "private" prom. They told to go to the prom in fulton, while they went to the one in evergreen. That is called a sham and that is why the ACLU are sueing the itawamba school district. Constance never complained, whined, or anything else; she has simply done nothing more than stand up for her rights and what she believes in. She has taken nothing away from the students in fulton, nor has she did anything to them. That was the school administration that did all that. She brought it to the publics attention is all. There is nothing wrong with what Constance did.
chickone
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May 25, 2010
Why do we have to state the obvious. Civil Rights simply put means that EVERYONE has rights. The "self labeled" christian, the saw3, the lady-in-black - the whole stinking lot of us, HAVE RIGHTS.

But if "self labeled" christian steps on saw3's rights then saw3 can take them to court, and visa versa.

Let's review - Constance wanted to go to a "public school" dance paid for with "public school" money. She had attended the same school all year and had a girlfriend at other events at that same school.

Constance was told she couldn't bring her girlfriend or wear a tux.

Tux have been worn by girls in the past at prom at this very school. Girls have danced with girls at the prom at this same school. Why would the school board and admin. not let Constance go? Gay kids have gone to the prom at this school before. Gay teachers have and still work at this school. She couldn't go simply because she SAID she was gay and she challenged the "adults" involved on the school's unconstitutional rule (remember this is a public school receiving federal funds).

It would have been no different if someone were told they couldn't go because they were Baptist, or funny looking, or fill in the blank. The only way she should have been denied attending the prom is if she posed a threat to the other people in attendance, (example) had a gun, was intoxicated, or was fighting or making threats.

The school promised the federal judge they would have a prom that included everyone after he ruled the school didn't have to have a prom and he stated that Constance had had her civil rights violated. The judge stipulated that if the parents had a prom that it would need to include everyone.

Parents then organized a prom at Tupelo and intended to exclude Constance from the beginning. The media asked a parent about it and she spilled the beans! The school then asked the parents to cancel that prom, and money was refunded. A meeting was held and both parents and school officials were there. The school reminded everyone that if they had a prom it would have to include all of the school or they would lose their federal funding. Then the incredibly short sited plan was hatched to have two proms on the same night. The parents were so mad at this point that they were definitely going to have a private prom that excluded Constance, so they chose to go against the judges orders. The school meanwhile prepared a sham prom at the country club. Kids were told at school that only gays and rejects would be at the country club. The school and the school officials and parents all knew what was going on that week before the prom. Everyone was making a huge effort to make sure that Constance was excluded and embarrassed. The parents and school had the nerve to say it was the students who made the choice as to which prom to attend. Now Constance had damages to add to her suit (which by the way originally she only asked that the school have a prom for everyone and be paid $1 for damages) - Now of course the ACLU is going to make sure that damages are more than $1. The judge is not happy, you do not piss off a federal judge and go around the law no matter if you are a so called, self righteous christian. You have to know that you went to extreme measures to exclude and hate just one girl. You have to know that your kids saw this as an example. You have to know that you have a heard mentality that makes you do things in the small town you live in, because you are afraid that YOUR CHILD may be the next target of this small minded mean spirited bullying.

Good luck at the trial, cause you may need more than God on your side this time, because the law is not on your side.

In all fairness the school officials do look like they tried to do the right thing, but when they had knowledge of the Evergreen Prom they should have changed the date of the school sponsored prom at the Country Club (which now the school is weirdly saying was not school sponsored even thought the principal and teachers were there). They should have had the dueling proms on seperate nights. Because they were on the same night and sponcered by school and parents intermingled at both proms, it makes it look really, really bad, not to mention the fact that the original prom theme decorations were out at the Evergreen prom. Frank Russell gave some excellent advice in the beginning of this fiasco that was ignored. Now it seems that lies and mistakes and coverup are starting to pile on top of each other. What a self made mess you have made Itawamba, yet you still blame Constance for all this. There are some really small, sad people in that county.

proudchristian03
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May 25, 2010
Sounds like to me that the girl is crying because she didn't get invited to a party. Didn't know it was a requirement that you had to invite everyone. Just like birthday parties and highschool parties....NOT EVERYONE IS INVITED. The school had nothing to do with it, it was the students who put it on. She needs to grow up and quit playing the gay/lesbian card just to advance somewhere. I feel so sorry for the students at the school. Man what a horrible year this girl has made for you. She definitely went out with a bang. Lady In Black, you should also read the Free Speech and Bill of Rights. Christians have the same rights too as well as the students who didn't want to invite the girl and that was their decision! Sounds like Constance is a constant problem! Good luck seniors I wish you all the best.
nutcase
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May 24, 2010
and the parents freedoms??
lady_in_black
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May 24, 2010
Saw3, This is is not about special needs kids. In fact if I'm not mistaken you seem to be the only person that even mentions them. They are not a factor in this case. The facts are that Constance's right of Free Speech was violated. If you don't believe me then try reading a few documents such as the Bill of Rights and the Constiution of the United States.
bbs1945
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May 23, 2010
saw3 , really? Using a couple of special needs children as a human shield for your deplorable motives . . . I smell FEAR.

What does that say about you? "Oh, we are really nice people, look we even included the special needs children too. Just not Constance. Look we did all of this just to exclude one student, aren't we clever? "

You make me sick.
chickone
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May 23, 2010
saw3 (funny your tag is a creepy movie reference) plus I know who you are - so you might need to pipe down or I will reveal your true motives behind your post. Someone close to your family directly involved ???? Probably won't get subpoenaed because they are a minor. But you might because of your creepy stalking and unnatural interest in this case, which is very confusing considering your own sexual orientation.

The fact that the school, the administration, the police department, the parents and the children of the corn were all involved in this makes it even worse.

Constance's past is irrelevant to any of this, although she was well liked and will graduate with a 3.9. She was attending all the functions at the school before the prom and she had a girlfriend then. She attended football games and everything. She even attend class at that school. But the minute she wanted to go to the public school sponsored dance, she was denied. Her civil rights were violated plain and simple. She clearly has a case for emotional distress too! She could probably file a civil suit of emotional distress from just you alone "saw3".
saw3
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May 22, 2010
only one problem lady in black,,,,,,,,, the party that was held at evergreen wasnt school funded. all the money was givin by parents, not school funds!! so they had the right to invite who they wanted. the prom at the country club was held by parents the would allow constence to wear her tux and bring her girlfrien{ which didnt even show up}. too bad the majority of the kids wasnt seeing things her way. oh yeah, would you like to see pictures of special needs kids at the party at evergreen? they do exist!! and probably one reason the majority of kids excluded themselves from the prom was they probably actually know constence alot better than any of us. they didnt want to be around her. cant wait to see all of her background made public. see how long the aclu hangs around to help her out
lady_in_black
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May 22, 2010
Sandlot1959, a school can't do something on a whim. The itawamba school system is paid for by tax payer money and the tax payers have a say in anything that the school does. Nothing that itawamba did was legal or right. No public run organization that is paid for by tax payer money can do or change anything without the tax payers approval. And no public school can exclude any student from a school function. The itawamba school district needs to just cut their losses and pay the damages that are due to Constance.
thebeaver32
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May 22, 2010
shasar, your logic is flawed. The school district was not following FEDERAL LAW by not allowing her to attend as she wanted. All the problems that followed were brought on the school district and the county by the school board attempting to follow its traditional prejudiced and homophobic attitudes towards its students. You and others like you try to make it seem like it would have been the end of life as we know it had they simply allowed Constance to attend the prom dressed as she wanted, and with whom they wanted. From what I've read, the other students weren't against this, until the whole affair became a sideshow attraction in the media.

The school district is now complicit in teaching its students that it's OK to violate Federal law when it suits your own prejudices and hates, even when it costs others money (as this will eventually do when the case comes to trial). With the court filing described in this news story, they are also teaching their students it is alright to LIE. To a Federal judge, no less. Remember, Constance was IN THE RIGHT to want to attend the prom, and to file her lawsuit. This has already been established.

In spite of what some people here have claimed, which is that the majority of Itawamba County citizens are dismayed by what has happened, I believe that the IAHS school board has the approval of most of Itawamba County people. Why else would there have been no calls so far for the resignation of the school board?

And to compare Ms McMillen to criminals, terrorists and murderers is beneath contempt.
bbs1945
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May 22, 2010
I recently got let go from the Itawamba county school system and this really has nothing to do with that. Frankly I was ready to leave. Everything, well almost all of what chickone has said is true. Just going to be a spectator at the trial, but I know this is all going to come out soon. Good luck everyone involved, I managed to stay totally out of it, Thank God!
chickone
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May 22, 2010
LOLOLOL - I guess I am a lesbian - if you can be male and be a lesbian then sign me up. You people crack me up. Opinions are not laws, and facts are just facts. I challenge anyone from IAHS who is a teacher to stand up and tell the truth about what really happened.

Good Lord - even Laura Bush said on Larry King that she saw nothing wrong with same sex relationships. Come join us Itawamba - it's 2010 and your world is getting smaller and smaller, can't stay in the bubble forever. Ratsforempty (whatever that is?) you need to visit the ACLU website. They protect religious rights as well - even dumb ass people like you. You are almost too dumb to respond to , but someone has to do it. What did you just graduate today?
rstanfordemtp
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May 22, 2010
Obviously chickone is a lesbian herself and can't see the other side. I feel that she made sure to bring attention to the fact that she is lesbian by telling the principal early what her intentions were instead of just showing up that way and with her date. If she would have done that the prom would have went on with a problem. As far as there being 2 private proms, that is the right of the parents or individuals hosting the prom to invite whomever they wish. It's the same as someone throwing a birthday party and not inviting her. Constance has gotten rich from this. The ACLU is quick to jump on any band wagon except the Christians about they're rights being violated by the gay community trying to push their way on the straight person. I say to each his on and don't push your way of life upon someone else unless they inquire about it. I deal with all kinds of people everyday in my line of work and I don't treat any individual any different. Chickone get over it and don't down everyone because you don't agree with their way of thinking. That makes you no different than them. Make sure and get your facts straight. There are three sides to every story, the defense has theirs, the plantiff has theirs and the truth!!!!!
WTFDude
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May 22, 2010
sandlot1959: I'm talking about how the school officials' story keeps changing on THIS case.

In GENERAL, I don't think that school officials should be involved in throwing proms, or any other parties for that matter. They should concentrate on the academics and let the non-governmental groups (parents, teachers, other community groups) put on the social events.

That's the model that schools in the rest of the county have been moving to for years. Most are already there. As usual, Mississippi is "slow on the uptake" and are just now getting to where schools in most other parts of the country got to 10-20 years ago.
chickone
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May 22, 2010
Oh and "head full of sand" one prom was private (with 96% of the school there) and the other prom was the "official" school sponsored prom at the country club (the fake one to humiliate Constance). Both proms were provided by the same parties and involved the same people. They were set up while school officials were present. They were hatched because the private prom at Tupelo was cancelled because a parent told USA Today that the private prom in Tupelo would have the same rules as the original prom (no same sex dates, and girls must wear dresses). The school lawyer and superintendent had a meeting to cancel that prom ASAP so they wouldn't be sued and lose federal funding, because they told the judge they would have a prom for EVERYONE.

That when the stupid plan was hatched to have two proms to try and get around civil rights laws. The idiots even planned them on the same night with the same people and same decorations. It was clearly to keep Constance away from the other little "good" Christian children with all their family values.

If Westboro protest anything today it should be the stupidity of Itawamba County. They were to dumb to follow the law, even Westboro follows the law.

Westboro hates homosexuals and are intolerant bigots, but they carry signs and follow the rules and you know where they stand.

IAHS School officials, teachers and parents hate homosexuals and are intolerant bigots, but they are sneaky and break the rules, and disobey laws that are constitutional, and make up lies and try to cover their tracks, they print hateful t-shirts and go to great lengths to plan and scheme and conspire, while their "good" children grind to the latest hits and laugh and make threats.

Westboro is more honest in their approach.
sandlot1959
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May 22, 2010
dude ..this has been happening all over the country over the last couple of years...its not something new just dreamed up by the Itawamba School System...sure it might be a little suspect that it just happened to happen at this particular time but it seems to me the school system has that right to do this at their whim...in fact I know they do...We might disagree about the merits of of this case and the morals, but there is no arguing whether or not the school system can cancel a sponsored event. As long as they weren't active in organizing the "real prom" then they're in the clear....
chickone
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May 22, 2010
Well, well, well it's true what they say about Mississippians . . . they really can't read. The federal judge in this case ordered that this case go forward and award Constance on the basis of all the EVIDENCE. For you people who know nothing about laws, real laws (not little school rules), the judge in this case has found fault with the school and all parties involved and is ORDERING that it goes to trial. The ACLU has a mountain of EVIDENCE.

Ok - now I am going to talk down to you people a little. EVIDENCE is a lot like FACTS. FACTS are what most judges go by and what most courts go by. FACT is they have already established that her rights were violated. FACT is they only put up a few photo so the judge would give them a "discovery" period. DISCOVERY is when you get ready for trial and where you gather even more incriminating evidence and photos and witnesses, text messages, threats, computer social website post, etc. DUH!