ABC 33/40 - Birmingham News, Weather, SportsSPLC threatens county schools about gay rights

     Tuscaloosa County schools officials have been threatened with a lawsuit over alleged 'homosexual' expressions.

     The Southern Poverty Law Center in Montgomery is representing a Brookwood High School Student.   She claims she was forced to remove clothing that expressed support for alternative lifestyles.

     15-year old Elizabeth Garrett says she's proud of who she is and has many friends like herself at Brookwood High School.  But, she says they are often teased by other students regarding their sexual preference.

     Garrett and her attorney with the SPLC say earlier this month she wore a sweatshirt that read..."Warning: This individual is infected with the gay."   Garrett says a school administrator stopped her, called the shirt distracting and made her take it off before she could go to class.

      Her attorney, Sam Wolfe says it violates free speech.   But, school officials say it never happened.

      "It's like supporting your favorite team or something and that's just me and its like telling me I couldn't be my self," said Garrett backed by her attorney "...a slogan that says its ok to be gay and the courts have typically upheld those as freedom of expression."

        However, during an afternoon press conference Superintendent Frank Costanzo says his first hearing of the incident was a letter from the SPLC Wednesday morning.   "There is no record of the of the allegations laid out in the SPLC...and no disciplinary action ever took place against the identified student."

        Garrett says students of same sex at Brookwood High SChool have also been encouraged not to attend the school's prom.

         Costanzo stressed that only clothing expressing an immediate danger is prohibited under dress code policy.  Also, he says no two students of the same sex are ever banned from an school function.

         In a letter to the school system, The Southern Poverty Law Center gives administrators until February 1, 2012 to clarify policy on the issues or says it will file a lawsuit in Federal Court.