PITTSBURGH Cross-necklace suspension leads to suit

PITTSBURGH (AP) -- A religious liberties law firm sued on behalf of a public school teacher's aide who is suspended without pay for a year for wearing a cross necklace.
Brenda Nichol, 43, of Glen Campbell, sued ARIN Intermediate Unit 28 in federal court in Pittsburgh on Tuesday, saying the agency's rule violates her constitutional right to freedom of religious expression.
The agency prohibits all employees from wearing religious garb, including crosses. Officials say the rule is based on an 1895 state law.
Unconstitutional?
But Vincent McCarthy, senior counsel for the American Center for Law and Justice, said the ban is unconstitutional.
"The law is very clear on this issue -- school personnel do not shed their constitutional freedoms when they enter the schoolhouse door," McCarthy said. The Virginia-based public-interest law firm was founded in 1990 by Christian broadcaster Pat Robertson.
Nichol was suspended April 8 when she refused to take off or cover up a 1 1/4-inch cross.
The agency supplies teachers aides and other services to 11 public school districts in Armstrong and Indiana counties, including the Penns Manor School District about 45 miles northeast of Pittsburgh, where Nichol worked.
Nichol said employees were told of the ban as far back as 1997, but that other teachers routinely wore crosses and other religious items, until March. Since then, Nichol was warned twice about wearing the necklace.
Nichol said she doesn't know why ARIN officials suddenly decided to press the issue.