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Legal maneuvers keep mother at school pole
Wednesday, September 13, 2000 By Janice Crompton, Post-Gazette Staff Writer
Attorneys for Deanna Lesneski yesterday bought what likely will be at least several more days for the "flagpole mom" to carry out her protest.
The McGuffey School District yesterday planned to ask a local court to order Lesneski, 47, of Buffalo, to unstrap herself from the flagpole at the Blaine-Buffalo Elementary School, where she has been fastened almost continuously for 16 days to protest the district's handling of her son's education.
But a hearing set yesterday morning before Washington County Common Pleas Judge Paul Pozonsky was canceled when one of Lesneski's attorneys, Peter Suwak, filed a motion asking that the issue be decided in federal court.
Suwak said the move "made sense," because U.S. District Judge Robert Cindrich already was familiar with the case. Cindrich earlier this year heard arguments between the district and Lesneski over the details of a 13-point agreement that dictated how Lesneski's son, 7-year-old Ryan "Max" Lesneski, would be educated.
Max, a second-grader at the school, has Down syndrome, asthma and a hearing disability. Lesneski has maintained the district mishandled his education by not providing Max with a teacher proficient in sign language and by not administering his medications.
Cindrich was called back into the fray two days after Lesneski strapped herself to the pole to help iron out the situation. At the time, he denied the district's request to order Lesneski to end her vigil, citing her First Amendment right to protest.
Suwak said Cindrich indicated that he would not rule on forcing an end to the protest without a full hearing.
The district had hoped that the local court would order Lesneski and her supporters to relocate their protest to the edge of the school's property -- not visible from the building.
Suwak said he is in discussions with district officials, trying to work out a compromise.
District Solicitor Dennis Makel said the district will appeal the motion this week to bring the matter to federal court.
"We believe this is a local issue; we don't believe this is a federal issue," Makel said.
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