ACLU Weighs In On Student Forced To Put Band-Aids On Nipples

BRADENTON, FL — The American Civil Liberties Union is censuring the Manatee County School District for telling a 17-year-old girl that her nipples were a distraction.

The ACLU posted a letter on its website April 30 condemning the school district’s treatment of a 17-year-old Braden River High School girl who was taken to task for not wearing a bra to school on Monday, April 2.

The student, Lizzy Martinez, said she’d gotten a sunburn over the weekend so decided to skip wearing a bra that would have irritated the burn. Instead, she came to school wearing a baggy long-sleeved shirt.

Martinez said she was called to the office by school dean Violeta Velazquez who told her that her lack of a bra was a distraction. Martinez was first told to put on an undershirt and move around to determine if the undershirt provided enough support for her breasts. When the undershirt failed to do the trick, Martinez was sent to the nurse’s office and instructed to place two Band-Aids over each nipple.

Martinez's mother, Kari Knop, said she was furious when her daughter came home from school early that Monday in tears from the embarrassment.

Knop fired off an email to schools Superintendent Diana Greene who told her the teen’s “protruding” nipples was a violation of the school dress code because it was a distraction to other students.

"We should not treat a girl like this because of where her fat cells decided to distribute genetically," Knop said.

Now, the ACLU has come to Martinez’ defense.

“Federal courts across the country have held that schools that force students to conform to sex stereotypes through the enforcement of dress or grooming requirements may violate both the Equal Protection Clause and Title IX,” the letter stated.

“These stereotypes reinforce a culture of victim blaming in which schools convey the message to female students that they are at fault for experiencing sexual harassment if they make certain clothing choices. The Supreme Court has long struck down policies based on ‘romantic paternalism’ which, in practical effect, put women not on a pedestal but in a cage,” the letter continued.

The ACLU recommended that the school district change its regulations about bras or face possible legal action.

School district general counsel Mitch Teitelbaum was unavailable for comment about the ACLU’s letter. But in previous statements, he admitted the school handled the situation badly.

"It is undisputed that this matter should have been handled differently at the school level and corrective measures have been taken to prevent a reoccurrence in the way these matters will be addressed in the future,” he said.

Although the school dress code does not specifically require female students to wear bras, Teitelbaum said, in calling Martinez to the office, school officials were addressing the part of the dress code forbidding students from dressing in a way that distracts other students.

Since then, Greene has proposed an amendment that would make the dress code less vague. She's suggested making it mandatory for girls entering puberty and growing breasts to wear bras.

That amendment would be a mistake, said the ACLU in its letter.

“We strongly caution the Manatee County School District against the adoption of Greene’s proposed amendment of the dress code to include a requirement that female students wear bras,” said the letter.

Image via Lizzy Martinez