Is this Legal? (Apologies for a cookie-cutter title)

[A3000]

What is the name of your state (only U.S. law)? California

Recently, my school has implemented a policy that prohibits students from congregating in the student parking lot during lunches. The school's administration cites that there are too many students who "loiter in the parking lot during lunch" (Direct quotation from an email sent to parents). Moreover, they cite that some students are engaging in "unhealthy activities such as vaping." (Direct quotation). My question for this forum: is this school denying the students who don't engage in this behavior their right to freely and peacefully assemble? From what I understand, could the school be citing California Penal Code 653b, in which "As used in this section, 'loiter' means to delay, to linger, or to idle about a school or public place without lawful business for being present" (leginfo.legislature.ca.gov)? Do students who will be returning to school have 'lawful business' remaining in the parking lot?

Thanks for any responses.

 

[quincy]

What is the name of your state (only U.S. law)? California

Recently, my school has implemented a policy that prohibits students from congregating in the student parking lot during lunches. The school's administration cites that there are too many students who "loiter in the parking lot during lunch" (Direct quotation from an email sent to parents). Moreover, they cite that some students are engaging in "unhealthy activities such as vaping." (Direct quotation). My question for this forum: is this school denying the students who don't engage in this behavior their right to freely and peacefully assemble? From what I understand, could the school be citing California Penal Code 653b, in which "As used in this section, 'loiter' means to delay, to linger, or to idle about a school or public place without lawful business for being present" (leginfo.legislature.ca.gov)? Do students who will be returning to school have 'lawful business' remaining in the parking lot?

Thanks for any responses.

The school can implement the policy without violating any students rights.

 

[not2cleverRed]

The right to free assembly has more to do with the freedom to exchange ideas than "hanging out". Your school's rules were not enacted with the idea of preventing students from having some sort of deep philosophical discussions, or protesting the serving of fat-free chocolate milk in the cafeteria.

By the way, in NY vaping on school grounds is illegal. Just a heads up, as that could be coming to your state CA. (CA wouldn't want to be outdone by NY for regulations, would it?)

 

[adjusterjack]

Get used to it, A3000.

When you grow up and have to get a job, a place to live, and support yourself, there will be a lot more rules to obey that you won't like.

 

[PayrollHRGuy]

Just for the record. It really doesn't matter how the criminal code defines loitering because nobody is trying to charge you under that criminal code. The dictionary definition is:

loi·ter
ˈloidər
verb
gerund or present participle: loitering
stand or wait around idly or without apparent purpose.
"she saw Mary loitering near the cloakrooms"
synonyms: linger, wait, skulk; loaf, lounge, idle, laze, waste time, lollygag; informalhang around; archaictarry
"he loitered at bus stops"

 

[cbg]

The right to freely and peacefully assemble does not include the right to do so anywhere your little heart desires. Even rally organizers have to get permits.

The school's rule does not violate your rights in any way.