School bus driver suspended for Confederate flag

komonews.com ^ | Mar 3, 2011

[Libertarianize the GOP]

MEDFORD, Ore. (AP) - An Oregon school bus driver has been suspended for refusing to remove a Confederate flag from his personal vehicle.

The Mail Tribune reports that 28-year-old Ken Webber of Medford said he's worked four years for First Student School Bus Transportation Services, a contractor for the Phoenix-Talent School District in the Medford area.

[Libertarianize the GOP]

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[ReverendJames]

You have no free speech rights in liberal Oregon. The only free speech rights belong to the Left Liberals.

[agere_contra]

But if he had carried his flag to a funeral and then shrieked abuse at the recently bereaved: he would apparently be protected by the First Amendment.

Ah, well, this guy will be OK. The courts are never inconsistent on the First Amendment.

[Cowman]

Two things jump out of this story

1 he was hired by a contractor NOT the school district therefore the school district has no right to fire him

2 the offending flag was on his personal vehicle NOT the one he used for doing his work. Unless they can prove that he was engaged in actions that were not allowed during his work time I don;\’t think they have a legal leg to stand on

[Responsibility2nd]

http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20110303/NEWS/103030301/-1/NEWSMAP

 

 

 

A Phoenix-Talent school bus driver was suspended from his job Wednesday for refusing to remove a Confederate flag from his personal vehicle.

Ken Webber, 28, of Medford said he's worked for four years for First Student School Bus Transportation Services, a contractor for the Phoenix-Talent School District. He said he began flying the Confederate flag in the bed of his white 1997 Dodge Dakota pickup a year and a half ago after receiving the flag as a birthday gift from his father.

"It does not show I'm racist at all," Webber said. "It shows I'm a redneck. It's what I am."

Webber, who was born in Riverside, Calif., and graduated from Phoenix High School, said he defines a redneck as someone who is from the South, "stands up for what he believes in," hunts, fishes and goes "mudding" in his truck.

Each school day, before taking on his bus duties, he parked his truck in the employee parking lot at the First Student bus barn on Colver Road. The 3-by-5-foot Confederate flag, with the word, "Redneck," emblazoned across it and adorned with a fox tail and gray squirrel tail, was not visible from the street, Webber said.

Webber said his supervisor, Jonel Todd, asked him Wednesday to remove the flag. He said her request came after she received a similar request from Ben Bergreen, superintendent of the Phoenix-Talent School District.

"I got no written warnings," he said. "It was either you take it down or you get suspended. I said, 'I am not going to take my flag down.' She said, 'Well, we have to suspend you.' "

First Student spokeswoman Bonnie Bastian said Webber was asked to remove the flag because it violates the school district's policy.

"We lease our property from the school district, making it school property so it is part of School Board policy," Bastian said.

The district's policy states that prohibited harassment "may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups."

After Bergreen's visit, Webber said, he was told the superintendent wanted the flag removed, but his supervisor took no action to try to force Webber to do so at that time.

Bergreen said he was trying to take a low-key approach to avoid potential conflict over the flag.

"I just said, 'Some people find that symbol offensive, and I would appreciate him moving it,'" Bergreen said. "...That's all I did. Initially, I appealed to his good judgment."

Asked what happened after that point, Bergreen declined further comment, noting that Webber has said he is considering litigation.

Webber insists there are no racist sentiments in his choice of flags. He says he has friends who are black, including one from childhood, another who lives in Ashland and fellow parishioners at this church.

Webber said his suspension violates his First Amendment right of free speech. He plans to hire an attorney.

"It's my truck," Webber said. "Why are others allowed to display Obama stickers. That offends me. What about pirates who kill four Americans? The Phoenix Pirates (the high school mascot) offend me. Are they going to take down all the Pirate signs because somebody was offended?"

Courts recently have upheld school bans on the Confederate flags inside school buildings, but it's unclear how First Student's role as a private contractor, the location where Webber parked and the fact that the flag is displayed on a personal vehicle might play out in court.

Reach reporter Paris Achen at 541-776-4459 or e-mail pachen@mailtribune.com

[trumandogz]

I bet he would not have been suspended if he claimed to exercise his First Amendment Rights by having a Mexican Flag on his truck.

But, then again he works for a private company and they can suspend of fire him for what ever reason they wish as the First Amendment does not place restrictions on a private company.

He has no case.

[agere_contra]

What about pirates who kill four Americans? The Phoenix Pirates (the high school mascot) offend me. Are they going to take down all the Pirate signs because somebody was offended?

This guy is like another Joe the Plumber!

[YankeeReb]

That would apply only if it was a military funeral. If it were a funeral of let’s say some black leader the guy would be thrown in jail. Free speech only works one way in the progressive mind.

[Leftism is Mentally Deranged]

Ah, the growing list of things that are now “racist.” When did the confederate flag become racist? Is anyone publishing a list of words and symbols that are now racist?

[Mr Ramsbotham]

Each school day, before taking on his bus duties, he parked his truck in the employee parking lot at the First Student bus barn on Colver Road.

That's the crux of the problem right there. It would be worth jumping up and down screaming if he never took the truck off his own property and they tried to fire him for having the flag. But it wasn't parked on his property.

This is kind of like those stories that begin with a policeman stopping a person for jaywalking; the jaywalker pulls a gun on the cop, the cop shoots him dead and next day the headline screams "COPS SHOOT MAN FOR JAYWALKING!!!"

[Hoodat]

I find Obama bumper stickers to be offensive. Will teachers be fired for refusing to remove them from their cars?

[bboop]

I hope he takes it to the Supremes. His personal vehicle? How dare they.

[dools0007world]

So, Code Pink and its hateful clones can denigrate Army burials, but displaying the Confederare flag is a censureable offence. Somehow the logic escapes me.

[Carley]

Hello, US Supreme Court? Anyone home?

[agere_contra]

So ... free speech isn’t a Constitutional right except on your own property?

School property falls under the ambit of the First Amendment, remember.

[kenmcg]

Heck he should have shown an Islamist or Mexican flag!!!!

[Venturer]

I ike Obama stickers. They poiint out to me an idiot driver and I stay as far away as possible.

[dunblak]

This gentleman is going to be able to buy his own fleet of trucks before this is over with...i would suggest he contact the aclu and see how they feel about the matter...

[dunblak]

This gentleman is going to be able to buy his own fleet of trucks before this is over with...i would suggest he contact the aclu and see how they feel about the matter...