neal.mcnamara@heraldbulletin.com

The Anderson school system’s attorney has filed to have a suit against the system’s uniform policy heard in federal court because it deals with issues of constitutionality.

Attorney Charles Rubright said Wednesday that a suit brought against the uniform policy by parents Laura and Scott Bell should be heard in federal court because it claims the policy violates the First and 14th Amendments — free speech and equal protection, respectively.

The first hearing for the case is scheduled for 10 a.m. Friday at Federal District Court in Indianapolis.

Rubright filed, specifically, a petition to remove the case from the state courts and have it moved to federal court.

“The preferred venue for such litigation is federal courts, not state courts,” said Rubright.

The Bells filed the suit in Madison Circuit Court on Tuesday, which names the Anderson Community School Corp. and the board of trustees as defendants.

“I don’t know what to expect,” said Scott Bell after being notified that the case would be moved to federal court.

The Bells are filing pro se — representing themselves —- but they have said that they do have a lawyer, but prefer to keep that person anonymous. Bell also said that they had been contacted by a lawyer from the American Civil Liberties Union.

Handwritten in the margins of the Bells’ suit are the phrases “First Amendment ‘freedom of expression’ and the 14th Amendment ‘express your individuality.’”

The suit also alleges unconstitutionality against the U.S. and Indiana constitutions because the policy denies “free and appropriate education.”

Rubright said Wednesday that nowhere in either the state or U.S. Constitution does it speak of “free and appropriate education.”

The closest reference to free education in the Indiana Constitution reads, “ ... and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.”

Rubright has also filed for an “expedited determination” to hasten the case’s process.

“We believe an expedited determination is in everyone’s interest,” said Rubright.