The ACLU's battle to obtain school records surrounding a 2009 incident in Collier County, Florida, referred to as "Kick a Jew Day," have failed. A judge has dismissed the group's lawsuit, which sought to obtain records detailing 10 middle school students' discriminatory plans and behaviors as well the school district's investigation of the incident.
Two years ago, on November 19, 2009, the children decided to imitate a "South Park" episode -- with a twist. While the fictional cartoon characters in the show targeted red-heded individuals with a "Kick a Ginger Day," the Collier County students apparently did something similar -- an effort to target and kick Jews. In the end, they were punished with a one-day in-school suspension, which some critics believe wasn't enough.
Since the incident, the ACLU has continued to seek the documents in an effort to look further into the incident. While the group cannot refile the case, it may be heard by the Second District Court of Appeal. Once the judge signs the final order, the appellate court may offer a different decision regarding the students' education records. NaplesNews.com reports:
The three-judge panel could decline to hear the appeal or issue a decision and possibly certify it as "a question of great public importance." It would then go to the state Supreme Court, which could clarify the state constitution and state laws involving education records, public records and student confidentiality.
At the heart of the debate is whether student records should be private or public. The ACLU has argued that if the children's names are removed, then the documents are no longer considered "education records." The ACLU claims that it does not wish to have the children's names, but that the group only wants to review associated documentation.
The school has declined these requests thus far.
"Kick a Jew Day" events have occurred in other middle and high schools across America as well. Last December, a similar incident unfolded at Vestal High School in Vestal, New York.
Below, watch for more information about this disturbing occurrence, which involved an even greater number of students:
(H/T: Sun Sentinel)