US mum sues school over 'no pants' dress code for girls

A US mum from North Carolina is following in the footsteps of two other families in taking legal action against her daughter's school because it won't allow its female students to wear pants. 

Erika Booth is suing Charter Day School in Leland on behalf of her 12-year-old daughter, who is forced to adhere to the school's uniform policy which prohibits girls from wearing pants, giving them three options instead which include a skirt and a 'skort'.

"When my daughter…found out she had to wear skirts the first day of kindergarten, she cried," Booth told Today. 

"It's impractical to wear a skirt," the mum continued. "They can't run, they can't play, they can't flip upside down. The clothing is simply not as durable. They're told that they can wear leggings, and any woman who has ever worn leggings can tell you leggings are not pants. When it's 14 degrees in the morning in January...they're not pants. They're not."

Booth joined the lawsuit after discovering another mother, Bonnie Peltier, had sued the school on behalf of her young daughter, and a student named Keely Burks had also challenged North Carolina charter school's dress code back in 2016.

When Peltier took action against the school, she received an email from Baker Mitchell, the founder of the Roger Bacon Academy which is the organisation that runs Charter Day School where the girls attend. In the email, Mitchell explained the rationale behind the school's uniform policy.

"Bullying and sexual harassment are current topics of concern almost everywhere we look," Mitchell wrote. "Teen pregnancies and casual sex receive concerned attention in most communities. Thus, the uniform policy seeks to establish an environment in which our young men and women treat one another with mutual respect."

The lawsuit is being fought with the help of the American Civil Liberties Union (ACLU) of North Carolina and the law firm of Ellis and Winters LLP.

Talking about the case, the ACLU of North Carolina says on their website, "wearing skirts restricts their movement, inhibits them in school situations such as playing at recess or sitting on the floor, and causes them to feel uncomfortably cold in the winter."

The ACLU and parents who are taking legal action hope that the lawsuit will prevent the school from banning female students from wearing pants, and instead allow them to wear pants or shorts if they wish. 

"(My daughter) is now actually quite invested in the outcome of this," Erika Booth said. "She understands what is at stake and what it really means, and that she may not benefit directly personally by this, but all of the girls after her will."