LEXINGTON, S.C. — Lexington School District One is asking a federal court to dismiss a lawsuit by a high school student who claims her rights were violated because she didn't want to recite the Pledge of Allegiance.
The motion was filed this week in response to a federal suit brought last week by 15-year-old Marissa Barnwell, a student a River Bluff High School near Lexington.
Barnwell, her parents, and their attorney, Tyler Bailey, held a news conference last week detailing their claims. They say back on November 29, 2022, the Pledge was being broadcast on a school intercom. Barnwell and her attorney say an instructional assistant confronted her in the hall for not saying the pledge, grabbed her arm, and pushed her into a wall. They say she then was taken to the office to face discipline.
In their response, the district said the student wasn't stopped for not saying the Pledge, but rather was asked to stop walking for a moment of silence that was being observed. They claim surveillance video backs up that claim. The district points out that Barnwell's own lawsuit did not say anything about her being forced to say the Pledge or salute the flag, which would have violated her rights. And they add that she was not forced to stay silent.
The district said the teacher admits she touched the student on the arm but denies pushing her against the wall.
A statement from the district said the principal learned of the incident minutes after it happened and told the parents they were investigating. They add the school resource officer filed a report and the employee was placed on administrative leave while the investigation took place. Law enforcement reviewed the video and determined there would be no criminal charges.
The district said that the video that was released by the attorney's office is not footage that was directly from the district's surveillance system.
Lexington One's policy says students do not have to recite the pledge and can't be punished for not doing so. The district said since they did not force her to say the pledge and didn't punish her, the student has no claims that her rights were violated and they're asking the judge to throw the case out.
As for when this lawsuit will play out in court, that date is still unknown. The Barnwell family’s lawyer says lawyers involved in the case will have a conference, there will be a research period into the case, and another opportunity for the school district to work with the family.
