Boy Who Was Kicked Out of Class Over Gadsden Flag Hits Colorado School District With Lawsuit

Jaiden Rodriguez, a 12-year-old student, has taken legal action against the Harrison School District 2 and the Vanguard School located in Colorado Springs, asserting that the school’s dress code policy, which prohibits his backpack badges, infringes upon his right to free speech.

“Jaiden‘s case is important for all Americans who are concerned about the increasing tendency of public schools to silence points of view that do not fit with the ‘progressive’ political orthodoxy,” James Kerwin, senior counsel for Mountain States Legal Foundation in Denver, representing the Rodriguez family, stated, as reported by The Washington Times.

“Schools should not be taking sides with activists who want to reinterpret everything from the past to put it in the worst possible light,” Kerwin added.

The Vanguard School had previously decided in August to ban Jaiden’s yellow “Don’t Tread on Me” patch. However, following public backlash, the school reversed its decision. Despite this, the school still prohibits Jaiden from displaying other patches. These include a badge from the Firearms Policy Coalition that depicts a semi-automatic rifle and three Pac-Man ghosts armed with guns.

A district representative informed Eden Rodriguez, Jaiden’s mother, that the school might reinstate the ban on the Gadsden flag patch if any complaints arise, as per the lawsuit filed in the U.S. District Court in Colorado.

“The district’s ban on Jaiden’s display of a Gadsden flag patch has been temporarily lifted by school officials,” the foundation reported. “However, the district has threatened to ban it again as soon as anyone, including school officials, ‘complains.’ The chilling warning that the district may re-enforce the policy is nothing short of a threat to censor his speech once again.”

A video that showcased a counselor informing Jaiden and his mother that the flag had ties to “slavery and slave trade” gained significant attention online. This claim was contested by numerous experts, including Democratic Governor Jared Polis and Republican Representative Lauren Boebert.

Jaiden, having missed three school days due to this controversy, has since emerged as a prominent figure in conservative circles. He is slated to speak at LibertyCon International in Washington, D.C., come February.

However, Jaiden’s school experience has been marred by harassment from fellow students, who view the school’s actions as a green light to mistreat him. Some of his patches were even removed during school hours, with the school staff neglecting to take any action, as the lawsuit alleges.

The lawsuit further claims that Jaiden has been displaying the flag and firearms patches on his backpack intermittently for the past two years without any issues.

“The true reason J.R. has been and is prohibited from sharing pro-gun-rights and pro-freedom messages was that staff at The Vanguard School and the District disagree with J.R.’s points of view, which they find distasteful,” the filing states.

The lawsuit also implicates several individuals, including Harrison Superintendent Wendy Birhanzel, Assistant Superintendent Mike Claudio, and three administrators from the Vanguard School, a charter institution.

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