Cheerleader Case at the 5th Circuit!!

 I just have to wonder what the judges on the 5th Circuit say in private when they have a cheerleader case to deal with.  The court’s opinions are always…judicious.  Respectful.  Not a bit of snark.  But you just have to wonder what happens in chambers.

Rebecca Arceneaux (Yes, it’s a Louisiana case!!) got in trouble when a picture of her turned up on Snapchat.  She was wearing her cheerleader uniform in this picture.  The court judiciously noted that in the picture “her uniform skirt was raised.”

That leaves much room for speculation!  Raised how much? From what angle??  But the court does not go there.  It just tells us that as a result of this incident she was sent to ISS and dismissed from the cheer squad.  She sued, alleging that the school’s cheerleading rules punished girls more harshly than boys who engage in similar behavior.

The court dismissed the case:

To prevail, Arceneaux must prove that she was excluded from the team on account of her being a female student.  She cannot do so.  According to the record, Arceneaux was not excluded from participating in cheerleading because she was a female student.  She was removed from the team because she posed for a photograph, raising her cheerleading uniform skirt, and that photo was posted to the internet.

The court pointed out that this disciplinary action was taken pursuant to the school’s Cheer Discipline Policy, which applied to male and female cheerleaders alike.

The case is Arceneaux v. Assumption Parish School Board, decided by the 5th Circuit on April 2, 2018. We found it at 2018 WL 1602946.