School draws line at gun in photo, but senior fights back
LONDONDERRY, N.H. -- The photo shows a high school senior and the trappings of his hobby. And though its intended audience was simply the readers of the Londonderry High School yearbook, it has drawn the attention of the School Board, National Rifle Association, American Civil Liberties Union, and parents around town.
On Tuesday, School Board officials will hold a hearing, where 17-year-old Blake Douglass, an avid trap shooter, will ask the board to overturn a school administration decision that prohibits the senior yearbook from printing a photo of him holding a trapshooting gun over his shoulder. If the prior decision stands, Douglass's lawyer said, she will sue.
The School Board expects heavy attendance for the hearing, which will be carried on the local cable television-access station. In addition, a viewing room will be set up at the high school for overflow crowds.
According to Superintendent Nate Greenburg, the picture violates the district's zero-tolerance policy regarding guns and violence.
''No one is saying that skeet shooting is not a good sport," said Greenberg. ''But given the district's clear policy of zero tolerance, the picture would be out of context and therefore inappropriate."
But Penny Dean, the Concord attorney representing Douglass, said the school district has no such policy and its refusal to print the picture is a violation of Douglass's First Amendment rights. Dean cited several photos that have run in previous yearbooks, showing students drinking alcohol or making lewd gestures.
''We have a really huge problem here because the high school principal and superintendent just flat out hate guns. To them, guns are bad and they do not care about his rights," said Dean.
The disagreement began early last month. At Londonderry High, students submit their own senior portraits to the yearbook at the beginning of the year, and student editors put together the yearbook throughout the school year.
''Skeet shooting is a sport that I really enjoy with my family," Douglass said in an interview. ''Skeet shooting just happens to be a sport I participate in; it is no different than any other sport."
When Douglass submitted the portrait, which was taken at a local studio, to the yearbook committee for review, the adviser told him that the picture might be rejected by the 10 student yearbook editors. According to Greenberg, the editors strongly debated whether to print the picture and reviewed 10 years of yearbooks and 3,658 senior photos. The editors decided it was inappropriate because of the school's zero-tolerance policy.
Dean and the Douglass family have tried unsuccessfully to meet with Greenberg. Dean said that as a last resort, she will ask the five-member School Board on Tuesday to authorize the printing of the photo.
If the School Board does not reverse the administration's decision, Dean is prepared to file suit against the school district. She said the suit would seek a court order for the district to print the picture, reimbursement to Douglass for all costs and fees, an injunction that will prevent the yearbook from being printed until the court renders a decision, and require the school district to draft a policy that addresses issues such as this.
Dean estimates a lawsuit will cost the school district roughly $100,000, but funding does not appear to be a problem for her client. The National Rifle Association and the Gun Owners of New Hampshire have said they would fund Douglass's suit.
''This is a case of political correctness run amok," said Kelly Hobbs, a spokeswoman for the NRA. ''It is a clear violation of his First Amendment rights."
Greenberg said the school district does not keep an attorney on retainer, and is paying Matthew Upton of Concord at an hourly rate to handle legal issues related to the Douglass case. The district has insurance to cover monetary damages that may be awarded in a lawsuit.
Susan Ware can be reached at ware@globe.com.
