Cheerleader Fined $45,000 For Refusing To Cheer Her Rapist

[michaelsuede]

The glories of the State shall not be infringed upon.

SF Gate reports:

Texas high school cheerleader who was kicked off the squad for refusing to chant the name of a basketball player – the same athlete she said had raped her [He did rape her. He plea bargained for an assault charge.] four months earlier – lost a U.S. Supreme Court appeal Monday.

A federal appeals court ruled in September that the cheerleader was speaking for the school, not herself, and had no right to remain silent when called on to cheer the athlete by name…

Federal courts have also ordered H.S. and her parents to reimburse the district more than $45,000 for the costs of defending against a frivolous suit.

You see, the school is a State institution, and as such, those who participate in its programs are State actors. Anyone who does not bow to the whims of the administration may be subject to retribution.

In this case, the girl should have known that not cheering for the glories of a State approved rapist would have resulted her getting kicked off the squad. As such, she should be made to pay dearly for her frivolous actions.

If she didn’t cheer for her rapist, people might question why she wasn’t cheering. Clearly this would result in them finding out that the State approved rapist actually raped her. This is bad PR for a State institution. Obviously this can not be allowed to continue.

Rather than removing the rapist from the Basketball team, the administration felt it more appropriate to sanction the cheerleader for not cheering for him. The courts obviously agree with the administration’s decision.

 

[The Central Scrutinizer]

I approve of this decision. She claimed a guy raped her. That proved not to be true.

 

[kedo1981]

It seems like there is so much messed up crap in Texas that it's hard to get your head around it!

 

[Newtons Bit]

It seems like there is so much messed up crap in Texas that it's hard to get your head around it!

Why do you say that? The court ruled the lawsuit this girls parents brought was frivolous and that they should pay their lawyers fees. They kept going through appeals courts and the fees got bigger and bigger.

 

[AvalonXQ]

She wasn't fined $45,000 for refusing to cheer. She was kicked off the cheerleading squad for refusing to cheer.

Having sued the school for failing to allow her to stay on the cheerleading squad while refusing to cheer, having lost the lawsuit, and the court having found the lawsuit to be frivolous, she is now required to pay some of the costs that the school incurred in defending against the lawsuit.

It's not a fine for remaining silent. It's paying court costs when you bring a meritless lawsuit against a school. If she wanted to remain silent, all she had to do was step down from her position as a cheerleader; if she wanted to remain a cheerleader, then she was expected to do what the cheerleaders are expected to do.

 

[Safe-Keeper]

I've lived in Houston for three years, and yes, while there are probably other sides to this story that we don't have yet, Texas' "Justice" system is this messed up.

 

[Newtons Bit]

I've lived in Houston for three years, and yes, while there are probably other sides to this story that we don't have yet, Texas' "Justice" system is this messed up.

Psst, the federal courts are the ones who ordered the plaintiffs pay the lawyers fees.

 

[Safe-Keeper]

It's not a fine for remaining silent. It's paying court costs when you bring a meritless lawsuit against a school. If she wanted to remain silent, all she had to do was step down from her position as a cheerleader; if she wanted to remain a cheerleader, then she was expected to do what the cheerleaders are expected to do.

So you don't have a problem with girls being forced to cheer their rapists?

 

[AvalonXQ]

So you don't have a problem with girls being forced to cheer their rapists?

I would certainly have a problem with girls being forced to be cheerleaders. I have no problem with girls who choose to be cheerleaders being forced to choose between giving up their cheerleading position, or cheerleading.

If I was bullied by a basketball player and joined pep band, but refused to play whenever my bully stepped onto the court, the band director would be well within his right to ask me to play my instrument as expected or to kick me out of the band.

 

[AvalonXQ]

Predicted response: "rape is different than bullying".
Yes, but the point is if your conscience won't let you perform your role in your voluntary extracurricular activity, then go home! You're allowed! Nobody is forcing you to be there! You don't have the privelege to refuse to fulfill your role AND stay in your role. If you just can't bring yourself to do it, then choose to leave the activity.

 

[TragicMonkey]

I sort of can't imagine remaining in the same school with someone I accused of rape, whether it were true or not.

 

[Eddie Dane]

I have decided on the basis of the OP that the state should be abolished.

 

[RobDegraves]

It truly is a hard life when you have to chose between whether to be a cheerleader or not.

Makes all the other problems of the world... poverty, disease, war... seem so small in comparison.

Sheesh... I don't know how michaelsuede can possibly survive living in the US, in that it's so harsh to live there.

 

[The Central Scrutinizer]

So you don't have a problem with girls being forced to cheer their rapists?

She wasn't forced to cheer her alleged rapist. In fact, it turned out he wasn't a rapist at all.

 

[Aepervius]

It truly is a hard life when you have to chose between whether to be a cheerleader or not.

Makes all the other problems of the world... poverty, disease, war... seem so small in comparison.

Sheesh... I don't know how michaelsuede can possibly survive living in the US, in that it's so harsh to live there.

The answer is that since it is so easy to live there, it makes complaining an easy past time too.

 

[Aepervius]

She wasn't forced to cheer her alleged rapist. In fact, it turned out he wasn't a rapist at all.

Does sexual assault also include rape or not ?

Bolton and two other men would later be arrested and a grand jury would indict Bolton on a felony sexual assault of a minor charge. This charge was dropped when Bolton pleaded guilty to misdemeanor assault.

Sound to me he had performed sexual assault, (but was dropped for an easy play deal instead).

 

[Chaos]

I am the only one here who is not surprised to see michaelsuede once against grossly misrepresent the facts of the issue in order to make them suit his agenda?

 

[Newtons Bit]

So you don't have a problem with girls being forced to cheer their rapists?

You're failing to read both the original story and my post. No one forced her to do anything. Her parents choose to sue. They lost. They appealed. They lost. They appealed to the Supreme Court. They lost. That much legal fighting has costs. Its right for the parents to pay for it.

Michaelsuedes topic "Cheerleader Fined $45,000 for refusing to cheer" is completely false. Her parents were fined for losing court case after court case. Not because of the girls action. But because of their actions.

 

[Dave Rogers]

In fact, it turned out he wasn't a rapist at all.

In fact, it turned out that the justice system decided not to prosecute him for rape in return for him pleading guilty to assault. We don't know whether he was a rapist, only that he was not determined by a court to be a rapist.

So one question raised by the known facts of the case is, should she have been required, as a condition of being a cheerleader, to cheer the player who was found guilty of assaulting her?

Dave

 

[The Central Scrutinizer]

Does sexual assault also include rape or not ?



Sound to me he had performed sexual assault, (but was dropped for an easy play deal instead).

I believe misdemeanor assault is just simple assault, like if I were to punch you in the nose.