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Show TheSalt Lake Tribune UTAH/NATION Tuesday, May 25, 1999 A3 Schools Liable for Children’s Harassment Court: Shows Like ‘COPS’ Are Bad Boys Asharply divided Supreme Court says districts can be suedfor not intervening Justices say privacyis invadedif police bring TV cameras for ‘ride-alongs’ THEASSOCIATED PRESS t ruled Mondaythat schools can be sued when Is fail to stop students from sexually har: each other — a decision that four justices warned could impose newsocial and financial burdens on districts nationwide. Schools — from elementaryto college — that ac- But theliability can exist only when school offi y about andare deliberately indifferent to ; “so severe, pervasiveand objecsive that it can be said to deprive the victims of access to the educational opportunities or benefits provided bythe school.” Justice Sandra Day O'Connor wrotefor the court That legal standard is high enough to keepchil dren and their parents from making a federal case out of every playground taunt, O'Connor said Damagesai ailable for simple acts of teasing and name-calling among schoolchildren,” she sal Thecourt's dissenters were not convinced. “After today. Johnny will find that the routine problemsof adolescence are tobe resolved byinvoking a federal right to demand assignment to a desk two rows aw: Justice Anthony Kennedy wrotefor the four. phen Breyer. Kennedy, joined in dissent by Chief Justice Wil- ruling that erodes the First Amendment a lit Amendment, not by the demands of ihe In a 5-4 ruling released Monday the nation’s high court foundthat students ue their schools if they have been sexually harassed, school officials knew about it andig- tion of Criminal Defense Lawyers. The group sup Richard Cordray. who representedthepolice offi- served It's the job of journalists to inform the cafeteria food fights, but there should be a better correlation between the schoolhouse and the work- privacy. it allows the government to go unobpublic, andit is a bad thing whenthe public does not see what goes on during thesearrests,” said Sides. Yes, a blow for privacy has beenstruck. discouragepolicefrom allowing the media to accompany themevenfor permissible purposes. Thesceneis repeatedcountless times daily across but that privacy otherprivateplacein search of a quarry. A court standing The consensus from all four loca network affiliates was that their reporter suallyrefrain from entering a private resid nce with- issued warrant or emergency circumstancesgivepo- Gomez expects districtswill try to avoid the lice that authority, but the justices said bringing all districts have them, but, with the threat of “Theliability is a concern becausethat puts out prior permission We'll go with them to the door, won't goin,” ment andto not take them lightly,” he said Granite District's Bates believes the ruling low themin without the occupant’s OK Roth assertedsaid that if something hap- might encourage somedistricts to ignore har- they entered Charles and Geraldine Wilson's home pens in the street, Fox will show it theycannotbeheldliable, under the justices The officers wantedto arrest the Wilsons’ fugitive adult son, who was not at their home but turned makethepolicea little moreskittish about hesaid son wearingonlyhis undershorts with a policeofficers gunat his head, werenot p in Rockville early one morning. assmentbecauseif they do not know about it, ruling. But that will not happeninhisdistrict, My only concern, since therulingaffects the police himself in later. The photographs. one showing Wil- place,” shesaid and not the media. is that it will allowing us to go along Th Court Rejects Appeal by Dentist Who Wouldn’t Treat HIV Patient THE ASSOCIATED PRESS WASHINGTON The SupremeCourt rejected an appeal Monday by a Mainedentist who was sued for refusing to treat a woman in his office because she had thevirus that causes AIDS. Thecourt turned away without comment Randon Bragdon’s con- Bragdonhad urgedthenation’s highest court to use the case to clarify when disabled peoplecan be treated differently under a federal anti-prejudice law the Americanswith Disabilities Act The ADAprotects thedisabled against discrimination in jobs. housing and public accommoda- tention that filling a cavity in Sid tions. ney Abbott's tooth at his office the subject of a major Supreme Court decision in June, when the would have posed a threat” “direct to his health andsafety Lower courts rejectedthe claim and ruled for Abbott holding trials on her claims without of dis: crimination Although Monday’s action was not a ruling and set no national precedent, it was praised by gay rights advocates This is the final chapter in a ers cannotrefuse critical services to patients with HIV based upon unscientific beliefs about HIV transmission,” The same Maine dispute was justices said people infect HIV can sueunderthat 19 That decision was the court's first ever involving the human im munodeficiency virus that causes acquired immunedeficiency syn rus fromapatient. Bragdon con tended that he shouldbe allowed to use his ownjudgment on how to safely treat such patients. He had offeredto fill Abbott's cavity at a hospital near his office. but the procedure would have cost more there In other action Monday, the court @ Madeit easier for disabled workers to sue their employ over alleged discriminationafter they seek Social Security disability benefits. Voting unanimously in a Texascase, the justices said courts cannot presumethat people who apply for such bene- fits are admitting they are unqualified to holda job Ruled 5-4 in a California case governmental land-use regula- Cars, Trucks, Vans, Boats, RV's, Trailers and more million award against thecity of 800-767-0258 tions. The justices upheld a $1.45 Utah Council of the Blind has helped blind people becot more productive in the workplace since 1972. Monterey. Calif. Ruled unanimously that the Federal Trade Commission has the authority to regulateat least some nonprofit professional AIR DUCT CLEANING groups, such as dental associa tions, in an effort to protect com- petition Furnace & Air Duct Cleaning © Powerful Truck Mounted Equipment @ We vacuum & brush for the best possible results federal appeals court, thejustices We willmatch vider’s actions should be judged according to “the objective rea Heserved as one of Abbott's lawyers. Public health authorities say there is no documentedcaseof a dentist contracting the AIDS vi Borierenntotione INJURED IN A CAR ACCIDENT? sonableness of the views of health-care professionals without 80nded & Insured | "| 966-9366 may apply zean said then that a health-care pro- deferring to theirindividual judg- Raa eT Gu Bn an Advocates & Defenders Full Tax Deduction - Free Pickup No DMVFiling - No Smog Cert - Running or Not" get a jury trial whenthey invokea much-used civil-rights law and sue in federal court over local drome. It was praised by gayrights activists. said Bennett Klein = that peopleat least sometimes can In returning the Maine case toa long history ofthis case, which es tablishedthat health-care provid but we said Ch. 2 (KUTV) general man- ager DavePhillips. “It’s our policy nottofol- In the Maryland case, Montgomery Countysher iff's deputies and deputy U.S. marshals took along a Washington Post reporter and photographer when systematically anallegation of sexual harass- will shield the behavior of arresting authorities, the people with all the power. as well as the peoplebeing arrested This is all at the expense of public under: America: Police officers burst into a house or some attorneys by reviewingtheir policies. He said a decision aimedat quast Therulings will still allow media to accompany police officers as longasthejournalis y outside ated Press and other news organizations who sided with law-enforcement officers, said the rulings may “Attorneys are just a wayof life for the as Tom Sides of Ch. 4 (KTVX) said that though the decision is a blow for individual clearly established” in 1992 and 1993 — when the raids occurred — that such access was unlawful “Noneof us expects federal courts to break up job is impededby But attorneyLee Levine, representing The Associ- neys who wantto file suits? such entertainment shows cers in both cases. harassment complaints to be heardbyattor. shows, agents brought along a CNN cameracrew while con whenofficers enter private homes, said attorney ‘ause it might television more than local newscasts. I'mnot a big fan of those shows, so I don't think if is a great loss.” Chipman said. “On the other hand, it does bother me when our ducting a raid on their ranch pique theinterest of sue-happylawyers true-life COPS.” ported a Montanacouple who suedafter government noredit. Richard Gomez, coordinator of education lawsuits, may want to strengthen them. cern the court had set theliability standardtoo high KSL's Brink Chipman said the ruling would affect ment” industry The government is not allowedto make a display of you.” said Joshua Dratel of the National Associa. some onus onthedis! and local education agencies to monitor very carefully and very Patricia Ireland, president of the National Organi- tle bit “infotain attach suchstrings to federal money zation for Women,praisedtherulingbut voiced con- aller what we do. For me, it is just another ing means police must be guided by the Fourth We can be assuredthat like suits will follow — suits, which in cost and number, will imposeserious financial burdens onlocal school districts, the tax- payers who support them andthe children they serve,” Kennedysaid observe arrests and searches I am a litle disappointed.” said Geoff Roth of Ch. 13 (KSTU). “Frankly. it won't The AmericanCivil Liberties Union said the rul alongoutsiders is another matter But thejustices ruled 8-1 that the policeofficers in the two cases cannot be sued because it was not liam Rehnquist and Justices Antonin Scalia and Clarence Thomas, said Congress lacks the power to that police can be sued for allowing television crews and journalists into private homes to Rehnquist wrote stopthings beforeit would ever come upto thepoint of financial liability.” school systems, like it or not. I don't likeit but nobody asked me,” he said B SALT LAKE TRIBUNE Salt Lake City’s television news directors are leery of Monday’s Supreme Court ruling justify the ride-along intrusioninto a private home we can,” said Martin Bates, the equity officer for Granite School District. “We're going to Joining O'Connor were Justices John Paul Stevens. David Souter, Ruth Bader Ginsburg and Ste- BY MARTIN RENZHOFER Surely thepossibility ofgood publicrelations for thepoliceis simply not enough, standing alone. to Our prime focus is kids having a safe Cal Evans, Jordan School District's complianceofficer, worries about that. too. the flexibility they require.” shesaid nd sei the home. place to go to school. so we'll do everything School officials do not have to expel everystudent harasser to avoid being sued successfully, O'Connor said. “School administrators will continue to enjoy Fourth Amendment ban on unreasonable sear court in cases from Marylandand Montana. ¢ centuries-oldprincipleofrespectfor the privac ment policies in place that maketheissue of liability moot This is a whole newarena now.” hesaid “Is this going to be a watershed for sexual- be sued for violating the Constituti zures, the court said in the two unanimous rulings Chief Justice William Rehnquist. writingfor the have sufficiently strict anti-sexual-harass O'Connor varied from her opinion’s written text to respond, saying concern for “little Johnny” should c sions that could put a crimpin popular true-life T\ shows. Policewho carry out such media “ride-alongs” can that districts could be heldliable in student on-student sexual-harassment cases Local districts contend that they already the ruling concerns ests or se the SupremeCourt ruled Mondayina pair Utah public school officials aren't too worried about the U.S, SupremeCourt's ruling equity for the state Office of Education, said not drive “little Mary” fromthe classroom in tears journalists into homes during THESALT LAKE TRIBUNE Kennedy took the unusual step of reading at length fromhis dissenting opinion in open court Utah Broadcasters Leery Of Court’s Privacy Ruling rights when they bring TV camera crews or BY HEATHER MAY cept federal moneycan be forcedto payvictims of such harassment, the court said. The 5-4 ruling reviveda uit on behalf of afifth-grade Georgiagirl who said a classmate harassed her for months despite her complaints to school officials. 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