L.I. Student's Bathroom Joke Prompts First Amendment Fight

MILLER PLACE, N.Y. (CBSNewYork) -- A Long Island teen claims his First Amendment rights were violated when he was punished by school administrators for a line he ad-libbed during the school's variety show.

Kyle Vetrano, the student body president of Miller Place High School, plans to sue the school district.

On March 26, during the first of two performances, Vetrano ad-libbed one line in a skit about the school's new policy restricting bathroom use to one student at a time, according to attorney John Ray.

"He merely said 'Is this what our superintendent gets paid all that money for, to write bathroom policy?'" Ray said, adding that the annual show traditionally pokes fun at teachers and school policies.

Vetrano was then excluded from the variety show weekend and school property, Ray said. He was also "threatened by school officials that his senior year would be curtailed and ruined."

Vetrano has been vocal about the situation on Twitter.

Chanting "free Kyle" and "free speech," dozens of students and parents rallied in support of Vetrano on Thursday afternoon, 1010 WINS' Mona Rivera reported.

"I was singled out, I was attacked, and I just have one question for the district: 'Why?'" Vetrano said.

"I ad-libbed and improvised a joke that had absolutely no mal-intent behind it, Vetrano added. "It was completely humorous and satirical in nature, and because of that, I am being violated and embarrassed by my own school district that I have been a resident of my entire life. I feel personally bullied by the district, and I think I have a right to speak my mind. I don't think this is acceptable in the country that we live in."

Superintendent of Schools Marianne F. Higuera explained that skits must be submitted in writing and approved before the show and a person whose name is being used in a skit, either directly or implied, must give prior permission.

"Students are aware there are consequences for breaking performance rules and the consequences of breaking performance rules have been consistent from year to year and have been enforced in the past," Higuera said.

Vetrano was prohibited from participating in the second performance because he didn't "follow the rules of participation" by referring to the superintendent without prior approval, Higuera said.

Last year, Higuera said she approved a parody that included a portrayal of her.

"This current ad-libbing situation is simply an issue of rules and consequences, and not about me as the superintendent," Higuera said.

The superintendent also noted that the bathroom policy was put in place after "confirmed instances of illegal drug use in the student bathrooms." The policy has reduced illegal drug sales and usage, Higuera said.

Vetrano wants his reputation reinstated and an apology from the superintendent, CBS2's Weijia Jiang reported.

"I was told that if i continued with this that I had other things to lose, and specifically mentioned my senior prom, my senior award night and even my own graduation," Vetrano added.

Vetrano's family said the variety show joke touched on a sensitive subject -- salaries of Long Island school superintendents -- which are among the highest paid in the country.

Miller Place's superintendent earns more than $300,00 in a total compensation package, CBS2 reported.

In:
• First Amendment