Florida student who put a pro-Trump elephant statue in the back of his pick-up truck is BANNED from his high school parking lot
A Florida teen has been banned from parking his pick-up on truck on campus because it carries an elephant statue emblazoned with the word 'Trump'.
Tyler Maxwell, 18, says he was left stunned when officials at Spruce Creek High School revoked his parking pass last month because of the overt political display.
'I wanted to put the elephant on the back of my truck because it was the first time that I was going to be able to vote,' Maxwell told The Daytona Beach News-Journal, referring to the eye-catching statue, which is painted red, white and blue.
'I support President Donald Trump and I wanted to be able to show that.'
Tyler Maxwell, 18, says he was left stunned when officials at Spruce Creek High School revoked his parking pass last month because of the overt political display on the back of his pick-up truck
The school says Maxwell's elephant statue is a violation of board policy 805, which relates to political activities on school property and at school events.
While some political displays are acceptable under that policy, the school board says the elephant falls outside such protections.
Maxwell has now filed a lawsuit, claiming his rights have been violated.
'I felt like my First Amendment rights for expressing how I felt about the president were being suppressed, and I wasn't going to just sit there and let them tell me I can't express myself,' he stated.
Attorney Jacob Huebert has taken up Maxwell's case, and believes he is headed for victory.
The school says Maxwell's elephant statue is a violation of board policy 805, which relates to political activities on school property and at school events.
'The school doesn't have the right to suppress student's political expression unless the school has a real or substantial basis to believe that the expression would disrupt school activities,' he told WESH on Friday.
The lawyer says that if bumper stickers and political t-shirts are allowed, then the statue must also be able to stay.
But a school district spokeswoman told The Daytona Beach News-Journal why the Maxwell's display was different.
'I felt like my First Amendment rights for expressing how I felt about the president were being suppressed, and I wasn't going to just sit there and let them tell me I can't express myself,' Maxwell stated
'We allow political expression by students in the form of a T-shirt or bumper sticker. But large signage is a different situation,' the spokesperson stated.
'A passerby could interpret a large sign in a school parking lot to be an endorsement by the school district.'
However, on Friday, an Obama appointed judge granted a temporary restraining order in the case, meaning that Maxwell can return to the school parking lot with the elephant on display whilst the lawsuit remains ongoing.
It's a small victory for the teen and his attorney - but they plan to keep fighting.
'[What we want] is a declaration that this violates first amendment rights so that this school knows it and so that other schools know it,' Huebert said.
On Friday, an Obama appointed judge granted a temporary restraining order in the case, meaning that Maxwell can return to the school parking lot with the elephant on display whilst the lawsuit remains ongoing
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