Community | May 08, 2010 | 304 comments

School students sent home for refusing to take off American flag T-shirts on Cinco de Mayo

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Four Live Oak High School teens sent home for wearing American flag T-shirts on Cinco de Mayo have become the focus of national media attention and spurred a march by Hispanic students through downtown Morgan Hill.

Live Oak students Daniel Galli, Dominic Maciel, Matt Dariano and Austin Carvalho wore red, white and blue T-shirts - some with the American flag and some with flag shorts - to school Wednesday, prompting administrators to ask the students to change their clothing or turn their T-shirts inside-out because it could incite a confrontation on Cinco de Mayo. The four students' parents were called into a conference with Assistant Principal Miguel Rodriguez and Principal Nick Boden, who sent the students home with an unexcused absence - not a suspension.

"I just couldn't believe it," said Dominic's mother Julie Fagerstrom Wednesday. "I'm an open-minded parent, but it's got to be on both sides. It can't be five kids singled out."

Students originally reported that five students were sent home, but one returned to class Wednesday.

Maciel said Rodriguez called the T-shirts "incendiary."

"They said we were starting a fight, we were fuel to the fire," said Dariano, a sophomore.

Teresa Casillas, parent of two Live Oak students, said the American-flag wearing students were yelling "We live in America!" at the brunch break Wednesday. She said her children were upset by their behavior at school, calling it disrespectful.

"We're all offended by it," Casillas said. She said parents of all ethnicities she spoke with felt that way. "Morgan Hill is too small of a community to start any racial wars. This is just bringing it out a little bit more."

The incident has set off a firestorm of outrage online, a flurry of media coverage and a backlash from some in the Hispanic community, who have been offended by some of the defenses offered for the four students.

After the Morgan Hill Times broke the story, Bay Area news stations set up camp in front of Live Oak High School Thursday morning as many more students came to school wearing red, white and blue. In addition, the story made it to national media outlets, such as The Drudge Report and the front page of FoxNews.com.


Four Live Oak High School teens sent home for wearing American flag T-shirts on Cinco de Mayo have become the focus of national media attention and spurred a march by Hispanic students through downtown Morgan Hill.

Live Oak students Daniel Galli, Dominic Maciel, Matt Dariano and Austin Carvalho wore red, white and blue T-shirts - some with the American flag and some with flag shorts - to school Wednesday, prompting administrators to ask the students to change their clothing or turn their T-shirts inside-out because it could incite a confrontation on Cinco de Mayo. The four students' parents were called into a conference with Assistant Principal Miguel Rodriguez and Principal Nick Boden, who sent the students home with an unexcused absence - not a suspension.

"I just couldn't believe it," said Dominic's mother Julie Fagerstrom Wednesday. "I'm an open-minded parent, but it's got to be on both sides. It can't be five kids singled out."

Students originally reported that five students were sent home, but one returned to class Wednesday.

Maciel said Rodriguez called the T-shirts "incendiary."

"They said we were starting a fight, we were fuel to the fire," said Dariano, a sophomore.

Teresa Casillas, parent of two Live Oak students, said the American-flag wearing students were yelling "We live in America!" at the brunch break Wednesday. She said her children were upset by their behavior at school, calling it disrespectful.

"We're all offended by it," Casillas said. She said parents of all ethnicities she spoke with felt that way. "Morgan Hill is too small of a community to start any racial wars. This is just bringing it out a little bit more."

The incident has set off a firestorm of outrage online, a flurry of media coverage and a backlash from some in the Hispanic community, who have been offended by some of the defenses offered for the four students.

After the Morgan Hill Times broke the story, Bay Area news stations set up camp in front of Live Oak High School Thursday morning as many more students came to school wearing red, white and blue. In addition, the story made it to national media outlets, such as The Drudge Report and the front page of FoxNews.com.


Locally, about 200 Hispanic students walked out of Live Oak and Ann Sobrato high schools, chanting "Si se puede" and "We want respect" and disrupting traffic as they marched through Morgan Hill to demonstrate their support for Mexico.

"It's disrespectful to do it on Cinco de Mayo," said Jessica Cortez, a Live Oak sophomore. "They can be a patriot on some other day. Not that specific day."

Live Oak parent Greg Hall saw the band of Hispanic students walking down Monterey Road Thursday.

"The fact that these four kids were singled out for wearing American colors is utterly ridiculous," he said. "I think the assistant principal and principal should be fired. The (protesting) students should be disciplined - suspended or expelled."

Hispanic students felt students wearing American flags were disrespecting the Mexican-American students on Cinco de Mayo - a day on which they celebrate their Mexican heritage.

Students who sported red, white and blue said denying them the right to wear American colors is a violation of the First Amendment.

While Live Oak administrators were silent on the issue, Morgan Hill Unified School District Superintendent Wes Smith said that the district "does not prohibit nor do we discourage wearing patriotic clothing."

In a statement, Smith wrote: "The incident on May 5 at Live Oak High School is extremely unfortunate. While campus safety is our primary concern and administrators made decisions yesterday in an attempt to ensure campus safety, students should not, and will not, be disciplined for wearing patriotic clothing. This matter is under investigation and appropriate action will be taken."


The four students and their parents met with Assistant Superintendent Jay Totter Wednesday evening at the district headquarters and they said Totter told them what happened was wrong and "(the district) would take care of it."

Uncle Sam even set foot onto Live Oak campus Thursday in the form of John Messina, a San Jose resident who said he was so enraged that he drove 30 minutes to protest before school started. He held a sign that read "Patriotism is not a crime" on one side and "Support the 1st amendment. Fire Rodriguez" on the back.

Over at Gilroy High School, Mexican and American patriotic colors commingled peacefully Wednesday, Principal Marco Sanchez said.

"Kids were in good spirits," he said. "I was out on campus most of the day and didn't see anything that was abnormal."

Plenty of students donned both countries' national colors, but none were sent home for wearing green, red, white, blue or any combination thereof, he said. Doing so would be "outrageous," he said.
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304 comments // School students sent home for refusing to take off American flag T-shirts on Cinco de Mayo

  • jubal
    • +1
      jubal  
    • Why do they want to wear an American Flag on Cinco de Mayo if not to provoke a reaction? I don't know about the sending them home thing, but if they didn't have alternate clothing to wear, then I understand the logic in sending them home.

      This isn't about asserting your rights in the face of discrimination, this is about being a dick in the face of someone else's celebration. Wearing the American Flag on Cinco De Mayo is no different than protesting "God Hates Fags" at Military Funerals.

    • 2 years ago
  • Follow_me
  • Naumadd
    • -1
      Naumadd  
    • Yes, it seems clear the goal of the students was to incite turmoil on political issues when the purpose of the school is to educate students in an environment conducive to learning. Yes, students must be taught that, even as minors, they have the same rights to free speech as any other, but free speech ought not be used to destroy the safe and peaceful environment of the school.

      "Free speech" is recognition that discourse is far more mature, more effective and far less destructive than making one's point with a fist, a club or a gun. It is an attempt to encourage peaceful reason in human relationships over that of hostility. It is an effort to encourage civilization over the savage wild. Unfortunately, many Americans use their freedom of speech simply as another weapon in their hostile arsenals. I think of them as merely articulate brutes or savages and not legitimate members of civilized culture.

      Using free speech to create a hostile environment is contrary to the arguments in support of free speech and destructive to the hopes for peaceful reason and civilized values in American culture.

      Essentially, these young people are not worthy to wear the flag in any context if they use their freedoms for the purposes of hostility.

    • 2 years ago
  • JohnA
  • Naumadd
    • +1
      Naumadd  
    • JohnA:

      I personally disagree with the sentiment - "the law is the law". It's the equivalent of saying "You'll do it because I said so." Saying it's "simply the law" is insufficient argument. If a law is truly just, asking for its justification is never unreasonable and rightly encouraged. Only laws that are unjust are typically made "safe" from question.

      It is the only way they remain law. Laws with good justification are their own protection and aren't likely questioned often.

    • 2 years ago
  • Found_Avenue
    • +3
      Found_Avenue  
    • C'mon people. They weren't sent home for "wearing patriotic T-Shirts." The principal isn't anti-America. Read the whole article.

      Were the students wearing the shirts IN ORDER TO PROTEST Cinco De Mayo, and to protest Mexican Immigrants desire for equal rights? Were the students being loud and disrespectful simply because they resented the fact that, in this melting pot of a country, a day of patriotism can exist for a country other than the USA? Did they wear the shirts because they WANTED to upset their Mexican peers? Yes.

      "Teresa Casillas, parent of two Live Oak students, said the American-flag wearing students were yelling 'We live in America!' at the brunch break Wednesday. She said her children were upset by their behavior at school, calling it disrespectful. "

      And this is why the principal was totally in the right for sending them home.

    • 2 years ago
  • JohnA
  • QuinlanT
  • Naumadd
    • +1
      Naumadd  
    • QuinlanT:

      There is, of course, freedom of expression, but there is no such "freedom to create a hostile environment" - at school or otherwise. Their behavior was juvenile and disruptive to a learning environment.

    • 2 years ago
  • QuinlanT
  • Naumadd
    • 0
      Naumadd  
    • QuinlanT:

      If a student is clearly and deliberately being disruptive to the educational environment, then yes, I would send them home if I have to send every single one of them. I'm with you on not making this more than it is but, it seems clear from the article these students intended and provoked a disruption over and above the mere wearing of red, white and blue. There was behavior in addition to the mere wearing of t-shirts, etc.

      Let's also not make this a lesser deal than it is.

    • 2 years ago
  • HaloedGriot
    • -2
      HaloedGriot  
    • What the Mexican kids SHOULD have done was put on American jogging suits, kicked the agitating kids' asses and then pleaded, "Oh, we were just using our freedom of expression!"

    • 2 years ago
  • trut
  • Naumadd
    • +1
      Naumadd  
    • trut:

      If America isn't about the peaceful expression of whatever values one happens to have while allowing others the liberty to peacefully do the same, then there is no "America" and what is left is The Land of Dog Eat Dog. It matters little to me where the kids are from or what culture they love more. If they peacefully respect the liberties of those around them then they deserve the same peaceful respect. Citizenship is secondary and, between you and me, such a respectful attitude deserves citizenship. If, however, you are technically a citizen but cannot or will not peacefully respect the liberties of those around you, you are no american. You are, instead, a brute gloating about your perceived privilege or entitlement and deserve no citizenship.

    • 2 years ago
  • JohnA
  • Naumadd
  • trut
  • Varex_Sythe
    • +4
      Varex_Sythe  
    • Ok, I don't quite understand...

      Were these kids sent home because they wore shirts with the United States flag, or were they went home because they were being extremely provocative towards a minority group on a foreign holiday and they happened to be wearing shirts with the United States flag?

    • 2 years ago
  • diode
  • JohnA
  • m0nk33
  • Michael_Patenaude
    • -4
      Michael_Patenaude  
    • americans are the minorty in america these days. they dont like u wereing the flag maybe they ought to go to mexico, wherever ther from and just get the hell out. after all it is america........

    • 2 years ago
  • Darevalo
  • bigloutech
    • 0
      bigloutech  
    • Image
    • If you're in the United States, May 5 is an unofficial national holiday. Countless house parties, cultural festivals and bar specials will honor Cinco de Mayo, a Mexican holiday commemorating the Battle of Puebla in 1862, in which Mexican defenders beat back a powerful invading army from France.

      But if you're in Mexico, today is ... Que? It's a holiday?

      Among the many contradictions and ironies of Mexican-U.S. relations is the curious case of Cinco de Mayo. It is a holiday in Mexico, yes, but not nearly as important to the national identity as say, Independence Day (Sept. 16). Yet Cinco de Mayo remains a stubbornly prevalent excuse to party in the U.S., perhaps, some argue, because it is more culturally "safe" than honoring Mexico's independence. The phenomenon is similar to the affection Americans have for St. Patrick's Day, where just about everyone is invited to don green and get in touch with their inner Irish.

    • 2 years ago
  • diode
    • 0
      diode  
    • bigloutech:

      the thing about it, is the only place in mexico that celebrates it as a holiday is the puebla valley area, it's not a national holiday. that's what apparently no one understands

    • 2 years ago
  • JohnA
  • Naumadd
    • 0
      Naumadd  
    • bigloutech:

      Yes, it makes little sense for Americans to celebrate a military victory that has nothing at all to do with them. That's why it's clear the reason for Cinco de Mayo in America is simply a marketing strategy to fill that long gap of celebrations between Easter and July 4th or perhaps an invented "drinking holiday" between St. Patrick's Day and July 4th. The date's placement is key to understanding it.

      It's a commercial celebration. Nothing more.

    • 2 years ago
  • NiceN
    • 0
      NiceN  
    • That's a pity, the guys wearing the Chinese Flag, Brazilian Flag, and Filipino Flag shirts were left alone. They should have been in the news too.

    • 2 years ago
  • Ares
    • -2
      Ares  
    • Good going kids, glad the youth still has the balls to stand up to all the PC bullshit. How can you POSSIBLY be offended by this if you live in the United States? You live in the country for crying out loud. I don't go to jolly old and shit a brick when I see the English flag flying on July 4th. What a bunch of oversensitive pussies.

    • 2 years ago
  • randallr01
    • 0
      randallr01  
    • Ares:

      I enjoy being PC, yet I believe that these kids are allowed to wear their USA shirts. What say you to that?

      You and I seem to be at odds on many issues, yet I agree with you here, and you're still insulting political correctness. Perhaps you don't know who your enemy is.

    • 2 years ago
  • HaloedGriot
  • HaloedGriot
  • JohnA
  • LiberalismLacksLogic
  • Naumadd
    • 0
      Naumadd  
    • Ares:

      Funny that an individual is only identified as "oversensitive" when another or others are being undersensitive jerks. Neither school nor anywhere else for that matter is the place to create a hostile environment. That is a misuse of freedom of speech.

      There is no "freedom to incite a riot".

    • 2 years ago
  • Naumadd
  • JohnA
    • +1
      JohnA  
    • If they are so damned offended by the American flag, my suggestion would be they leave America, then they won't be offended. Because in America, we wave the American flag. If you don't like it, get the fuck out, no one is stopping you.

    • 2 years ago
  • HaloedGriot
    • +2
      HaloedGriot  
    • JohnA:

      The flag is simply a relic. Nothing more, nothing less...it doesn't have magical powers. There is nothing different between an American who salutes is and another American who barely notices it.

    • 2 years ago
  • diode
  • JohnA
  • Naumadd
    • +1
      Naumadd  
    • JohnA:

      If the students were merely wearing american colors to express american pride it probably would have gone unnoticed or at quietly respected. As I read the story, they went further than simply wearing the "flag". Their additional riotous behavior seems to be what invoked their removal from the school.

    • 2 years ago
  • Naumadd
    • +1
      Naumadd  
    • JohnA:

      But the way I read it, persons weren't offended by the flag but rather by the confrontational behavior of the students wearing it. Having been to quite a few other countries, some cultures see the American flag as a symbol of hostility because, well, many Americans are confrontational assholes. Being an american, I believe I know them pretty well and many of them offend even me.

    • 2 years ago
  • JohnA
    • -1
      JohnA  
    • Naumadd:

      I can't speak to the motives of the students, I have no idea. You mean some other countries don't like the US? What a shocker! So what. The French are assholes too, doesn't seem to bother them. Who is the Super Power here anyway? Yeah, they hate us, until they need us, of course.

    • 2 years ago
  • Naumadd
    • 0
      Naumadd  
    • JohnA:

      "Who is the superpower here anyway?" - Really?

      "Yeah, we're both assholes but, we're the assholes with the bigger stick." If being an asshole with a bigger stick is enough for you, well, that's plainly a waste of potential.

    • 2 years ago
  • IllegalCurrentigrant
  • Nephwrack
  • IllegalCurrentigrant
  • Nephwrack
  • randallr01
  • Blimey_tudor
    • +5
      Blimey_tudor  
    • Hahahah. What an irrelevant country. Yanks can’t even raise the torn stars and stripes in their own borders . Good for the Mexicans. They will put much better use to the land as they actually know how to work.

    • 2 years ago
  • JohnA
  • Ares
  • Nephwrack
  • IllegalCurrentigrant
  • Nephwrack
  • HsIV
  • diode
  • Naumadd
    • +1
      Naumadd  
    • Blimey_tudor:

      Well, it's not a matter of can't raise the colors but rather ought not raise the colors if you do it with a thumb to the nose and a sneer at "non-americans". In that particular case, they are not your colors.

    • 2 years ago
  • dalistuff
    • 0
      dalistuff  
    • They should've let them fight it off. Maybe this time the Mexicans can regain their lost territory. Of course, no more illegals...

    • 2 years ago
  • IllegalCurrentigrant
  • CedricaBaez
    • +2
      CedricaBaez  
    • IllegalCurrentigrant:

      excuse me? did you NOT pass history class?! california, nevada, arizona, texas, utah, new mexico, and parts of colorado and oklahoma were all once part of mexico. mexico used to be more than twice as big as it is today. look it up if you don't believe me, and think before you comment!

    • 2 years ago
  • IllegalCurrentigrant
  • CedricaBaez
  • IllegalCurrentigrant
  • JohnA
  • CedricaBaez
    • +4
      CedricaBaez  
    • IllegalCurrentigrant:

      i'm not voting my own comments up; don't get mad at me because no one's kissing your ass...

      and by the way, i'm very proud to be an american, but i don't use that fact to be an asshole the way you and those kids seem to do...

    • 2 years ago
  • IllegalCurrentigrant
  • CedricaBaez
  • IllegalCurrentigrant
  • CedricaBaez
    • 0
      CedricaBaez  
    • IllegalCurrentigrant:

      who said they did anything wrong? being patriotic is fine as long as you don't use that patriotism to harrass others. so what else do YOU have?

      ...and by the way i don't need nor do i want anyone to be kissing my ass. and unlike you, i don't take pride in having a holier-than-thou attitude.

    • 2 years ago
  • JohnA
    • +1
      JohnA  
    • IllegalCurrentigrant:

      I have some English friends that would argue that point, seeing as they invented the language. In any case, whatever state they're from they can speak in the state they're in, I've been from Boston to San Francisco, never had a problem yet. Who cares anyway, people in Louisiana still speak French, people in Pennsylvania still speak German, they all still fly the American flag.

    • 2 years ago
  • IllegalCurrentigrant
  • IllegalCurrentigrant
  • CedricaBaez
  • CedricaBaez
  • JohnA
    • +1
      JohnA  
    • IllegalCurrentigrant:

      I don't do reality TV, but the majority in America speak english. If they went to Brazil the majority would speak portuguese. Maybe America is more bilingual than some would have us believe, which is not a bad thing.

    • 2 years ago
  • remanns
  • IllegalCurrentigrant
  • remanns
    • 0
      remanns  
    • IllegalCurrentigrant:

      Are yuz talkin about one a them fedoras,....or asking me about my cholesterol levels ?
      Yep,....we speak state. Texas of course has the proudest tongue,....and probably the biggest mouth. Philly,....Philly just needs to be punched. Er,....but sorry,....I think we were talking about Mexicans.

    • 2 years ago
  • HaloedGriot
  • dragon1984
    • 0
      dragon1984  
    • Last time I checked, this was the United States of America. No matter what day it is, it's still the same country. Who represents what is a matter of free speech and personal choice. I will always represent the American flag, I don't care what holiday it is.

    • 2 years ago
  • jfill
    • +4
      jfill  
    • the kids are little shit disturbers. unless they are all completely ignorant they knew what they were doing. by wearing the clothes they were taking a shot at those celebrating cinco de mayo, but doing so under the guise of being patriotic. thats pretty much the ultimate defense, because as soon as you are an opponent of the flag you can cue the media shitstorm.

      as soon as the principal spoke up and called it like it was the kids were all "what we are just wearing american flag clothes whats wrong? this is america right?" complete and total bullshit. the principal was right in suspending them.

      THESE KIDS WEREN'T BEING PATRIOTIC YOU MORONS!!! i know whenever a flag is involved you go all deer in the headlights but you have to see this for what it was.

      and what makes this all worse is 2 of the kids are wearing tapout shirts, the tapout crew is wwe's eugene of mma.

      oh and i'm white by the way, if that matters to anyone other than the people making a big deal about these kids being suspended.

      @codis are you fucking retarded? there is no such thing as reverse racism!where in the dictionary does it say you have to be white to be racist?

    • 2 years ago
  • CedricaBaez
    • +3
      CedricaBaez  
    • jfill:

      there's 365 days in a year and they chose cinco do mayo to wear those "patriotic" shirts?! c'mon, its obvious what they were trying to do (and why they were doing it) and what they were trying say'; shame on ANYONE who says otherwise. just sad; why do some americans choose to flaunt their "patriotism" in the face of others? okay, you're proud to be an american, we get it! and that person that talked about 'reverse racism' is just plain stupid; there is NO SUCH THING as 'reverse racism'!! racism is racism regardless of the skin color or ethnicity of the racist person in question.

    • 2 years ago
  • IllegalCurrentigrant
  • CedricaBaez
  • IllegalCurrentigrant
  • CedricaBaez
  • IllegalCurrentigrant
  • CedricaBaez
    • +1
      CedricaBaez  
    • IllegalCurrentigrant:

      it can be harmful if you are using the flag to intimidate, bully, and harrass people. patriotism shouldn't be used as a 'weapon', so to speak. any flag or symbol can be harmful if used in this way, the way those kids chose to use it on cinco de mayo. plain and simple.

    • 2 years ago
  • IllegalCurrentigrant
  • CedricaBaez
  • IllegalCurrentigrant
  • CedricaBaez
    • 0
      CedricaBaez  
    • IllegalCurrentigrant:

      lol, clearly there is no use trying to talk to an idiot. have a nice day...

      ... but before i leave, i'll leave you with a quote, "its better to keep your mouth closed and let people assume you are a fool, then it is to open your mouth and prove them right."- emma dobson

    • 2 years ago
  • IllegalCurrentigrant
  • CedricaBaez
  • Naumadd
    • 0
      Naumadd  
    • CedricaBaez:

      What they were flaunting wasn't patriotism but rather undeserved and divisive privilege or entitlement. The flag is supposed to symbolize our highest American values - mutually-guaranteed respect for individual rights, liberties and equal justice. It was NOT intended to symbolize hostile nationalistic tribal arrogance.

      These students wearing american colors do so without respect for them. As a veteran, I once looked at them with honor and wore them proudly when I had the chance. For me, they were once the reminder they were intended to be of values worth having, worth living, worth defending, worth passing to new generations. Because they've long been co-opted by hostile arrogant brutes as demonstrated by these students, I no longer honor them and will not own or wear them again.

    • 2 years ago
  • m0nk33
    • +1
      m0nk33  
    • i understand that they are showing their national pride and such but on any other day i guarantee that none of them would wear anything patriotic... they were simply wearing the flags to add "fuel to the fire."

    • 2 years ago
  • brando333
    • +2
      brando333  
    • I think the school was certainly wrong to send them home, I understand the point that these kids were trying to make, and I also realize that those kids are totally lame and should have remained at school to be beaten up by all the other kids. I mean American flag shorts?! Those I find offensive. Just hideous.

    • 2 years ago
  • deathmetalbrian
    • +4
      deathmetalbrian  
    • that's completely insane. it may be in poor taste but these kids should be able to express themselves however they want as long as, since it's high school, not w/ obscene language.

    • 2 years ago
  • codis
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