VERMONT

S. Burlington School District seeks to dismiss Rebels' lawsuit

Burlington Free Press

The South Burlington School District seeks to dismiss a lawsuit brought by four South Burlington residents. The group is suing the District in Vermont Superior Court, Chittenden County to delay the mascot name change until the court decides if a community vote on the Rebel name should proceed.

A sign outside the polls in South Burlington in March advocates for the “Rebel” moniker, which the South Burlington School Board voted to shed.

"The School District acted lawfully when it decided to retire the Rebel name, particularly based on its obligation under law to all its students," the motion submitted on Monday stated. The dismissal was submitted by Attorney Pietro Lynn, who is representing the district.

Plaintiff Stacey Savage wrote in a July 7 statement announcing the lawsuit that the group hopes to "give the South Burlington community a voice."

"The School Board disenfranchised the voters of South Burlington by refusing to allow a city-wide vote on the Rebel name," Savage wrote. The group has collected 754 signatures to force a vote on the name change.

Rebel Alliance Facebook members claimed partial credit for the failure of the first two school budget votes. Those two ballots in April and June cost the school district an estimated $6,000, not including personnel costs, according to City Clerk Donna Kinville.

Stacey Elliott Savage confront the South Burlington School Board during their meeting Thursday night, April 13, 2017, demanding to know the cost of what she described as a catered lunch for teachers and staff during which she said they were asked to sign a petition in support of Superintendent David Young. Savage criticized the meeting, saying it was inappropriate.

The South Burlington School Board in June approved a new mascot: the Wolves. The district website says a logo is being designed.

The plaintiffs Robert Skiff, Benjamin Nye, Marcy Brigham and Savage claim that the School Board made a decision to "eradicate" the schools Rebel mascot name even though Alumni identify with it, residents support it and the district's 2015 poll showed a majority of students supported the name.

The lawsuit also cites the $170,580 expense the name change may cost the school district. Superintendent David Young when presenting the cost breakdown at a school board meeting in February said the cost was approximately $96,965 after subtracting maintenance costs and equipment which he said were already scheduled.

Lynn, the District's attorney, said on Friday that the district hopes the court will dismiss the case - quickly.

"The District acted properly when it declined the request to put the Rebel name change on the ballot for a vote," Lynn wrote in an email on July 10.

Lynn explained that from the district's point of view, "Vermont statutes clearly define the authority of the voters and school boards. Voter authority is restricted to a small number of determinations, like approving the proposed budget, electing board members and approving bonding. Under Vermont law, only school boards may control the general operations of the school, including decisions about the school nickname."

The lawsuit states that postponing the name change "will not interfere with the board's legitimate authority."

Contact Nicole Higgins DeSmet at ndesmet@freepressmedia.com or 802-660-1845. Follow her on Twitter @NicoleHDeSmet.