After months of defense, Andrea Hernandez has now taken offensive, legal action to prevent the Northside Independent School District and John Jay High School Science and Engineering Academy from removing her from school based on her religious objection to the new RFID Student Locator Pilot Program.
On November 13th, just days before their scheduled Level II grievance meeting, Principals Harris and Sumpter issued a notice informing Andrea, and her father, that if her refusal to comply with the new pilot program continued, they would remove her from the educational program which she worked hard to participate in. This, of course, is in addition to their violation of her right to communicate freely with her peers when they prohibited her from peacefully distributing literature during non-school hours.
With the help of her lawyer, Jerri Lynn Ward, and The Rutherford Institute, Andrea was granted a Temporary Restraining order which commands that the school and district desist and refrain from the following:
1. Withdrawing Plaintiff from Academy, or otherwise prohibiting her from continuing in her current academic placement on account of her refusal to participate in the Student Locator Project;
2. Undertaking any other means, whether directly or indirectly, of intimidating or retaliating against Plaintiff as a result of Plaintiff’s:
a. Exercise of her right to adhere to her sincerely held religious beliefs and to be free from coercion to express approval of government programs by refusing to wear the Smart ID badge; and
b. Exercise of her protected free speech rights by peacefully distributing literature to her peers during non-school hours.
A hearing has been set for Wednesday, November 28th at the Bexar County Courthouse. Parents, students, and community members are encouraged to attend the hearing which will start at 9am. Supporters will rally at 8am in front of the courthouse. Bring your signs and be prepared to show the world that you stand with those standing up for themselves in the face of money grubbing school district officials.