VIRGINIA BEACH, Va. (WAVY) — Another lawsuit has been filed in connection to an incident in which Virginia Beach students allegedly racially harassed one of their classmates back in March.
As 10 On Your Side has reported, five White Kellam High School students allegedly gave a Black student racist items for his birthday, including fried chicken, candy and handwritten notes.
Attorney Tim Anderson alleges that this was a “joke,” and that all of the students involved were friends.
“On this particular day, it was the Black child’s birthday, and they brought him a gift,” Anderson said. “They brought him fried chicken and watermelon Sour Patch Kids. And everybody laughed and everybody hugged. And there was teachers all around where it was happening. Not one of them jumped in and said, ‘what are you doing.'”
Anderson is running for office this election cycle in Virginia Beach and he is also representing the students who were disciplined. All four of the students Anderson is representing are listed as anonymous in the court filings.
In March, principal Ryan Schubart sent an email to the school community about the incident condemning the situation and said that a teacher intervened. But Anderson said the incident was caught on camera and claimed no one intervened.
Anderson filed the first $10 million dollar defamation suit on behalf of three of the disciplined students back in June. It claimed the narrative put out by the school system was false and had negative impacts on the students who were involved.
Anderson filed an additional $3 million lawsuit last week on behalf of a fourth child who was involved. Anderson alleges Schubart, the chief of schools, and the superintendent, all conspired to violate this child’s civil rights.
The latest suit includes new screenshots of text messages that appear to show Schubart discussing the situation with his staff.
“We attached some exhibits to the complaint, which showed that principal Schubart was having a conversation with one of the assistant principals, and she was telling him that the release was inaccurate,” Anderson said. “We have the principal saying himself that the superintendent of public schools had directed that maximum punishment be imposed.”
At the time the incident took place, the Virginia Beach NAACP said it was “deeply disturbed” by the incident.
They sent a statement in March that reads as follows:
“The rise in emboldened racist behavior in recent years is alarming and unacceptable. Racism should have no place in our schools, our communities, or anywhere in society. It is especially troubling that our youth must continue to endure the painful reality of discrimination. The Virginia Beach NAACP is committed to ensuring that all residents, especially African Americans, can live without fear or undue anxiety due to the color of their skin.
We will continue to monitor this situation closely and look forward to the findings of the ongoing investigation by Virginia Beach Public Schools. We call upon school administrators, educators, and community leaders to take decisive action in addressing these incidents and fostering an environment of respect, inclusion, and accountability.
In the tradition of Dr. Martin Luther King Jr., the Virginia Beach NAACP remains steadfast in our fight against injustice and racism, recognizing its continued threat to justice everywhere. We also echo the call for unity made by Malcolm X in January 1965, underscoring the painful reality that nearly six decades later, this struggle persists.
The Virginia Beach NAACP demands that Virginia Beach Public Schools uphold its commitment to equity and justice by implementing stronger measures to prevent and address racism in our educational institutions. We will not stand by while our children suffer the consequences of intolerance.”
— NAACP President Dr. Eric Majette
The school division told 10 On Your Side its statement remains the same as it did in June in regard to the latest lawsuit, which is that it “received the lawsuit and is reviewing it with legal counsel.”
Anderson said the school division is claiming sovereign immunity for the original defamation lawsuit. There is a court date for this lawsuit scheduled for 10 a.m. Friday, Aug. 22.
