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Zero Tolerance Run Amok

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Three recent news stories reveal that "zero tolerance" policies in our schools have truly run amok. In Boston, Massachusetts, Erin, a 17-year-old high school honor student, received a call from a friend saying that she had been drinking at a party. The friend asked for a ride home and Erin obliged. Erin arrived at the party at the same time as the police. Even though the responding police officer personally wrote a statement indicating that Erin had no alcohol and had not been drinking, the school found that Erin had violated its banned substances policy. Accordingly, she was suspended for five days and removed as captain of the school's volleyball team. In Anaheim, California, a 16-year-old arrived wore an NRA shirt depicting a deer hunter and a rifle. The shirt was gift from her father. Officials determined that the shirt violated the school's dress code because it promoted or depicted violence. As a result, she was ordered to take off the shirt or face discipline. In Coventry, Rhode Island, a key chain fell out of backpack belonging to a 12-year-old middle schooler. The key chain, which he had won at an arcade, was about the size of a quarter and shaped like a gun. This was found to violate the school's zero tolerance policy toward guns. As a result of this infraction, the boy was suspended for three days and required to miss a scheduled field trip. Don't get me wrong. I understand the very real dangers that schools are facing in our increasingly violent culture. But these dangers must be balanced against two other, equally important considerations. First, our children "do not shed their constitutional rights...at the schoolhouse gate." Tinker vs. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969). Second, overzealous enforcement of these kinds of policies is counterproductive and, in fact, can end up harming our children. Constitutional rights are just as important in our schools as they are in any other setting. Children still enjoy basic rights of free speech, assembly, and religious expression. No one doubts that schools have an important job to do and that these precious rights are less stringent within the school's four walls. But the fact remains that schools must be conscious of these rights when writing and enforcing their policies. The case involving the NRA shirt is a poignant example. Unfortunately, policies aimed at preventing violence can also be used as a thin veil for engaging in viewpoint-based discrimination. Only six months ago a middle schooler in Logan, West Virginia was arrested and suspended for wearing an NRA shirt. All charges were later dropped. One is left to wonder if the episode was promoted by a genuine concern for safety or simply by an objection to the NRA. Not only must policies be constitutionally written, they must also be constitutionally enforced. News stories like these also raise a legitimate question: is over-the-top enforcement of anti-drug and anti-violence policies actually counterproductive? Is it actually harming the cause? I don't have any data, but my gut strongly suggests that the answer is yes. What is the takeaway from Erin's story? That helping a friend is wrong? That it would have been better to let her friend drink and drive? Let's be honest: did Erin learn any anti-drug lessons from the actions of the school district? Of course not. If anything, the ordeal probably left Erin deeply hurt and disillusioned. And what about the boy in Coventry, Rhode Island? What's a tweenager supposed to learn from facing a suspension and missing a field trip--all because of a key chain? Not surprisingly, he's upset and he's greatly disappointed that he has to forego a field trip. He's also worried that he'll fall behind in his class work. Is all of this angst teaching the boy anything about school violence? Again, the answer is a resounding no. The reality is that the boy wasn't a threat to begin with. Invoking the school's anti-violence policy under these circumstances did far more harm than good. law I'm pleased to report that the school in Anaheim reversed itself a few days ago. It seems that an NRA shirt is not promoting violence. The school even issued an apology. But the other two children are still facing stiff punishments and uncertain futures that compel us to take a long, hard look at this issue. Enough is enough. "Zero tolerance" doesn't mean that school officials should stick their heads in the sand when their policies are misapplied. Anaheim did the right thing by reversing itself. Erin's school in Boston should do the same. Coventry too. The takeaway for me is that schools should apply a common sense approach to enforcing their policies. If applying the policy to a particular situation isn't furthering the goal of the policy, then, for heaven's sake, don't apply it! Unfortunately, if these three news stories are any indication, we've got a long way to go...    
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No Boo-Boos! Keeping Everyone Safe This Halloween

It’s October! The scary season! A month of haunts, costumes, and candy, all leading up to the most chillingly fun holiday of the year: Halloween! Whether you’re a parent of kids who will be trick-or-treating or a homeowner handing out treats to the goblins who ring your doorbell, Halloween is a wonderful example of a holiday that’s fun for the adults as well as the kids. We hate to dampen the mood, but you need to be aware that Halloween can be legitimately scary for parents—and not the good kind of scary. Research by the Journal of the American Medical Association found that the risk of pedestrian fatalities is 43 percent greater on Halloween night than any other night of the year. The only things that should be scary this month are the costumes and the haunted houses! That’s why Halloween safety, whether your kids are trick-or-treating in Wheeling, Moundsville, St. Clairsville, or anywhere else in the Ohio Valley and southwest Pennsylvania, is so important. 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Similarly, be extra aware if your child’s costume restricts any movement, such as a dress on a princess (and every year, there are plenty of princesses!) or a cloak on a Grim Reaper. Even without traffic, tripping over a curb can hurt—and Halloween is not the night you want to go to the emergency room. Remind them to watch their step and not run. Hold your kids’ smartphones so they aren’t tempted to be checking them while walking along roads and crossing streets. This advice extends to parents: Keep your phone in your pocket, only taking it out when you’re away from traffic. Take plenty of pictures—just when it is safe to do so. Older kids might want to trick-or-treat on their own, which is understandable, because what middle schooler wants their parents with them on Halloween? Reinforce all the Halloween safety rules already mentioned, and add a few: Give them a curfew to be back home. The later Halloween gets, say after 8 p.m., the fewer commuters on the roads, replaced by less careful teenagers and college students. Provide a firm curfew, and even offer to let their friends come over and watch a scary movie instead of being on the streets. Hold them to the same Halloween smartphone rules you’re following yourself: Phones should be pocketed when they are near traffic. Tell them it’s OK if they don’t answer your call or text right away—they should do so only when it’s safe. This may seem like a no-brainer (zombie pun intended!), but remind them not to go into the home or backyard of anyone they don’t know. Also, tell them to always stay with their group of friends and don’t split up. Halloween Safety for Drivers and Homeowners Halloween safety is everyone’s responsibility—not just trick-or-treaters and their parents. No one wants kids to get hurt on Halloween, and you don’t want to deal with the consequences if someone is injured by your vehicle or on your property. 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Also, if you have any mechanical decorations that deliver jump scares, make sure they aren’t scaring anyone standing on your steps. Your Dog Some dogs are mellow when the doorbell rings dozens of times a night, and some will go nuts. Protective or agitated dogs may try sneaking out of the front door and could bite or knock down trick-or-treaters—and you could be liable for injuries. You know your pup best, but err on the side of caution: Consider keeping your dog(s) away from your front door, maybe in another room or in a crate, while you are handing out candy to trick-or-treaters. Or, set up shop outside, on your porch or driveway, so that your doorbell isn’t being constantly rung. ******************************** From all of us at Bordas & Bordas, have a safe and truly boo-tiful Halloween!

What to Do After a Truck Accident in West Virginia, Ohio and Pennsylvania

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Bordas and Bordas Attorneys celebrating 40 years of justice from 1985 to 2025 with the message "Fighting for Justice for 40 Years.

Fighting for Justice for 40 Years

Fighting for Justice for 40 Years In 2025, Bordas & Bordas is proudly celebrating 40 years, a testament to our unwavering commitment to serving our community and fighting for justice. Since our founding in 1985 by Jim and Linda Bordas, we’ve grown from a small practice into one of the region’s premier personal injury law firms with offices in Pittsburgh, Pennsylvania, Wheeling and Moundsville, West Virginia, and St. Clairsville, Ohio. The story of Bordas & Bordas Attorneys PLLC began with a unique partnership. Linda, a former hospital pharmacist turned lawyer, and Jim, who has been described by many as a giant in the legal profession, combined their expertise and passion for justice to open the doors of Bordas & Bordas upon Linda’s graduation from law school in 1985. Their remarkable record, including never losing a trial together, fueled the firm’s early success. Linda’s medical background proved invaluable, particularly in medical malpractice cases, where she became a leading force, securing landmark verdicts and expanding patient rights. Jim spent his career fighting battles for his clients that others couldn’t or wouldn’t fight. For over four decades, he built a reputation of success through landmark jury verdicts and settlements. In 2000, the Bordas legacy continued with the addition of Jim and Linda’s oldest son, Jamie, who became the firm’s managing partner in 2005. Jim cherished working alongside Jamie, creating a strong bond, and ensuring the firm’s values would endure. Linda remains a partner at Bordas & Bordas and continues to provide guidance and advice as we continue to fight for justice. Our Core Values: The Shield of Bordas & Bordas Our logo, a shield with four quadrants and a central cross, symbolizes what we hold dear: Experience: Four decades of dedicated legal service. Family: A firm built on strong family values and lasting relationships. Community: A commitment to serving and giving back to our community. Results: A proven track record of securing substantial recoveries for our clients. Christian Values: The Cross in the center represents the moral compass that guides our work. Our Commitment to You A lot has changed in 40 years, but one thing remains the same: Our reputation for taking on any opponent in the courtroom. This is backed by years of success and record-breaking results, including numerous multi-million-dollar verdicts and settlements across a wide range of personal injury practice areas. We understand the challenges clients face, which is why our cases are handled on a contingency fee basis. This means clients pay no fee unless we secure a recovery for them. We offer: Free initial consultations. No retainer required. We advance all case expenses. Our work has garnered national attention, with features on programs like 60 Minutes, Inside Edition, and CNN, showcasing our dedication to seeking justice for our clients. Learn more about our results by clicking here. As we celebrate 40 years, we reaffirm our commitment to providing exceptional legal representation and upholding the values that have guided us since 1985. We are grateful for the trust our clients have placed in us and look forward to serving our community for many years to come.