California 8th-grader sues middle school over false claims he wore ‘blackface’ at football game

The lawsuit, filed on Tuesday, brings to memory recent headlines about a young boy who was accused of the same racist act when he was falsely accused of "blackface" in November 2023 at a Chiefs football game.

In the lawsuit of the more recent incident, the middle schooler is referred to as "J.A." Muirlands Middle School Principal Jeff Luna and Superintendent of San Diego Unified School District Lamont Jackson are being sued at their personal and official capacities by J.A. and his legal guardians. The school officials also alleged that J.A. had used "racial slurs" while wearing the eye black, which the lawsuit says is false.

The introduction of the lawsuit states, "Muirlands Middle School (“Muirlands”) student J.A., along with around one hundred other fans, wore face paint at a high school football game to show spirit for the team. J.A.’s eye black design—commonly referred to as Warrior eye black—is well known and regularly worn by professional athletes and fans in a wide variety of sports."

"Yet for this innocently-intentioned and protected expressive conduct, Luna suspended J.A. for committing the 'hate crime'—threatening violence to another person with the purpose of intentionally invading legally protected interests—of wearing blackface," the introduction continued. "Luna offered no evidence to support this outlandish allegation, yet his decision was then rubber stamped by the Doe Defendants in the SDUSD office of placement and appeals, again without providing any evidence to back up the incendiary claims that J.A. engaged in racist activity."

Suspension report

On a Friday back in October 2023, J.A. had attended a football game and wore what is known as "warrior eye black," a style of eye black that athletes he admires have worn before.

The school does not have any policies against wearing such eye black, and others at the game were similarly putting eye black on their faces.

When a black security guard at the game saw the eye black on J.A., he had "said it looked good and complimented J.A. on his design," according to the lawsuit. He had also received compliments about the eye black from other racial minorities in attendance.

The Monday following the game, nobody at school mentioned his eye black. Two days later, on Wednesday, J.A. was pulled out of class and sent to Principal Luna's office.

"Principal Luna told J.A. that the high school had received complaints that someone matching his description had worn blackface at the... football game on Friday night," the suit recounts. "Principal Luna also told J.A. that there had been complaints that a group had been yelling 'racial stuff' at the other team and their fans."

After the decision to suspend the middle schooler was faced with an appeal, a letter making clear the final decision stated, "schools have a responsibility to maintain and encourage proper standards of behavior for all students" and that schools use suspension as a "necessary tool" and described it as a "valuable educational device."

The College Fix

The Foundation for Individual Rights and Expression (FIRE) also sent letters to Principal Luna and Superintendent Jackson, telling them "FIRE was disappointed to learn that the San Diego Unified School District has denied J.A.’s appeal of his suspension."

"As the First Amendment protects J.A.’s non-disruptive expression of team spirit via a style commonly used by athletes and fans—notwithstanding your inaccurate description of it as 'blackface'— FIRE calls on the school to remove the infraction from J.A.’s disciplinary record and lift the ban on his attendance at future athletic events."