The family of the Newsome High School senior who wanted to wear her military uniform to graduation but was denied, believes that decision violated the law.
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Senior Emily Olson was told she had to wear the traditional cap and gown or she couldn't not participate in graduation.
The Hillsborough County School District said that is their standard policy district wide. But did they violate Florida State Statute?
Spectrum Bay News 9's legal expert Kevin Hayslett said, "This student wasn't discriminated against. However, there's no law that says that the school board or any person must allow a person to wear the uniform. It's an inverse if they're discriminated against while wearing it," Hayslett said.
Florida State Statute says in part, if someone discriminates against a person lawfully wearing their military uniform in a theater or public place, they're committing a misdemeanor.
The high school graduation was held at Expo Hall at the State Fairgrounds. The school district said in a statement that "during an official graduation ceremony, the Expo Hall is not a theater or public place of entertainment or amusement, therefore the state statute does not apply."
However, Hayslett said that's not entirely accurate since the Florida State Fairgrounds is a public place.
"I think that they're right for the wrong reasons. That is in this instant the student is allowed to wear the uniform. They weren't discriminated against. If they were told that they couldn't participate in graduation because they had a uniform underneath their cap and gown that would be a violation of Florida statute and the school board or whoever made that decision could be facing a first-degree misdemeanor," he said.
The school district told Olson she could wear her uniform under her cap and gown, but she chose to wear it instead of the cap and gown and didn't participate in the graduation and watched from the audience.
Hayslett said if Olson and her family want to make it so that uniforms can be worn instead of the cap and gown at graduation, they need to talk to elected officials.
