QUESTION
Can a school ban certain food items and why?
Asked on Aug 25th, 2015 on Litigation - Michigan
More details to this question:
Can a federally funded public school legally ban birthday cupcakes? Is it constitutional for a public elementary school to ban cupcakes, especially when other elementary schools in the same district have not?
5 ANSWERS
The Constitution does not cover what food may or may not be served in a school. ?I guess the school could probably ban the sale or transfer from one pupil to another of a food.
Answered on Aug 27th, 2015 at 6:38 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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They can do it if they have any rational reason. There is no lack of rational reasons for banning cupcakes. Your children do not have a recognize right to eat cupcakes in school.
Answered on Aug 26th, 2015 at 10:50 AM
James Eugene Hasser
If they have banned it/them, it is apparent that the board believes it has such power. Presuming it does, the issue is whether its discretionary authority edict invades unreasonably your first amendment rights. You might have some sort of an appeal from the decision, but my guess is you will have to file a civil rights case to have your question answered by a court. Good luck.
Answered on Aug 26th, 2015 at 9:03 AM
Ronald A. Steinberg
If the government puts conditions on the money given to a school, then the school has to decide if it can exist without the federal money. If it needs the money, then they can ban sugary snacks in the school.
Answered on Aug 25th, 2015 at 8:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Schools are able to make their own rules, and for various reasons may decide to ban suites including cupcakes regardless of the fact they are celebratory of a birthday. You should speak with the school's administration, and if you get no satisfaction with the local school board. I seriously doubt that this is a constitutional issue.
Answered on Aug 25th, 2015 at 6:59 PM