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Myers v. Arcata etc. School Dist. (1969) 269 CA2d 549
[Civ. 24453
First Dist, Div Four
Feb., 10, 1969]
GREGOR MYERS, a Minor, etc., Plaintiff and Respondent, v. ARCATA UNION HIGH SCHOOL DISTRICT et al., Defendants and Appellants.
COUNSEL
Lawrence A. Truitt and Jerome B. Falk, Jr., for Plaintiff and Respondent.
Raymond Schneider, County Counsel, Mathews, Traverse & McKittrick and James R. McKittrick for Defendants and Appellants.
OPINION
RATTIGAN, J.
Petitioner Gregor Myers, a minor and a student at Arcata High School, was suspended from attendance because of the length of his hair. He brought this action in mandamus, through his mother as guardian ad litem and against the school authorities, to compel his reinstatement. Defendants appeal from the trial court's order directing issuance of a writ of mandate as prayed.
Defendants are the school district which maintains Arcata High School, the five elected members of the governing board of the district, the district superintendent, and the principal and the vice-principal of the school. Petitioner was 15 years old in 1966. In his petition, he alleged that on October 19, 1966, he was a "student regularly attending ... Arcata High School"; that Ramon A. Fauria, the school's vice-principal, suspended him on that date "for not abiding by the school policy regarding personal appearance"; that the suspension was subsequently approved by the school district governing board; and that it was "arbitrary and capricious."
The trial court issued an alternative writ of mandate when the action was commenced. Defendants answered the petition. They admitted the fact of petitioner's suspension, but alleged in substance that he had been suspended because the length of his hair violated a "regulation ... with respect to student dress and appearance" which the governing board had duly adopted pursuant to its rulemaking power as set forth in section 10604 of the Education Code. The answer pleaded the text of the "regulation," which is hereinafter quoted in full. Defendants further alleged that "extremes" in hair style of both boy and girl students are "disruptive" of the educational function of a school, and that petitioner's hair style had this effect at Arcata High School. They also denied that petitioner was a "student regularly ... attending" the school, and raised issues concerning his nonresidence in the Arcata Union High School District.
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Imagine spending all that time and effort on something like long hair.
lol i love the bit where they say its an "extreme" hairstyle
must be a pretty strict place
Hi,
I couldn't possibly remember this case, because at that time, I was a school boy in Germany. We had one fellow student in a higher class with long hair and a beard, and he was called the "scare of the region". However, no-one gave him forcible hair cuts, and his fellow students thought he looked cool. The problem here was not school regulations, it was uptight parents.
It's interesting that for years now, Arcata has been known as a very relaxed and mellow hippie hang-out with a lot of people wearing all kinds of fascinating "freaky" hair styles including punk and dreadlocks. At the same time, they have all kinds of alternative-style book and other stores etc - a nice place to savor a past that may or may not have existed in the 60's.
Arcata also has all kinds of great concerts, including the Dark Star orchestra (Grateful Dead cover band; great music; musicians with nice long hair)...
In any case, it's heart-warming to know that the courts stood up for male students' hair rights even back in the late 60's . - Yes, it's the First Amendment that makes America a great country in the eyes of so many foreign guests.
One souvenir I brought from my last visit to Arcata is a bumper sticker saying "God bless the freaks".
Peace,
Hans-Uwe
Yes, Arcata is a delight now. We spent the night there a couple of years ago, and we were delighted to see about a third of the men in town had long hair. I've never seen such a large percentage for a town. And two of the longhaired merchants we talked to treated me like I was their brother. I hated to get back on the highway and leave!
Bill
