Judge Tosses Tennessee Cheerleaders’ Damages Lawsuit

A federal judge dismissed a lawsuit filed by three former high school cheerleaders who were kicked off the squad for underage drinking.

The damage suit filed by parents of the former cheerleaders at Ooltewah High School against Hamilton County schools, their principal and their coach contended they were punished for attending a party and dressing in racy costumes. The suit obtained by the Chattanooga Times Free Press said they were deprived of constitutional rights that included freedom of association.

Records show the cheerleaders were kicked off the team last fall after saying they did drink at the party.

U.S. District Judge Harry S. Mattice ruled that the teenagers were punished after admitting to underage drinking, not for attending a party or wearing particular costumes.

The lawsuit also said the teens were punished for misdeeds that carried no punishment for male athletes in the school system.

Records show the suing teenagers, who records identify only by initials, had attended a Halloween party last October where there was underage drinking. Afterward, the girls were riding in a car when police pulled it over and arrested two other cheerleaders for underage drinking.

The suit also alleged sex discrimination, citing a situation at Signal Mountain Middle High School where football players were caught drinking underage and not punished. The judge said that comparison had “no bearing” on the decision to set disciplinary measures at Ooltewah.

The principal and coach contended they were following school policy and a specially crafted “constitution” for the cheerleading team, which states that anyone caught drinking will be punished to the point of being kicked off the squad.

Topics Lawsuits Legislation Tennessee