Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Federal District Court Judge Lewis Kaplan upholds rule prohibiting the wearing of political buttons in New York City Schools

Federal District Court Judge upholds Board of Education's rule prohibiting the wearing of political buttons in New York City Schools
Source: Newspaper report of decision

The New York City Board of Education?s October 1, 2008 issue of Principals? Weekly advised its readers as follows:

"In light of the upcoming presidential election, it is important that schools comply with Chancellor?s Regulation D-130 with respect to the conduct of employees while on duty or in contact with students and the distribution of campaign literature. [Note: Regulation D-130 is posted on the Internet at : http://docs.nycenet.edu/docushare/dsweb/Get/Document-86/D-130__1-15-04.pdf ]

"The regulation requires employees to maintain a posture of complete neutrality with respect to political candidates while they are on duty or in contact with students. Therefore, school staff may not wear buttons or apparel in support of a political candidate while in school or during school activities.

"The regulation prohibits the distribution or posting of materials in support of a political candidate in a school building. However, the regulation permits materials advocating the election of a candidate to be placed in staff mailboxes if the materials are an integral part of a regularly published staff newspaper or newsletter. Separate inserts for purposes of campaigning may not be included in such publications or distributed via staff mailboxes.

"In addition, campaigning and fundraising by employees during work hours are strictly prohibited.

"Failure to comply with the regulation may result in disciplinary action."

New York City?s United Federation of Teachers challenged the prohibition against wearing buttons or apparel in support of a political candidate in Federal District Court. Federal District Court Judge Lewis Kaplan upheld the Board of Education?s policy banning the wearing items indicating support of or opposition to a candidate for partisan political office.

In an earlier ?political statement? case, Scott v Goodman, 941 F. Supp. 424, a federal district court ruled that the New York City Transit Authority?s rule prohibiting employees from wearing buttons, badges, or other insignia on their uniforms without permission was an ?overbroad restriction on the public employees? speech in violation of the First Amendment because the rule applied to uniformed employees at times when they are not in contact with customers, as well as to employees whose duties do not involve any customer contact.?

The United States Court of Appeals, Second Circuit, affirmed the district court?s ruling.

The Circuit Court decision is posted on the Internet at:

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=2nd&navby=case&no=987731 .

Full post as published by New York Public Personnel Law on October 20, 2008 (boomark / email).