Clothing company threatens to sue over school district ban

An Irvine-based company is threatening to sue a Riverside County school district over its ban on a clothing line inspired by a local stunt dirt bike team and adorned with logos resembling Nazi insignia.

The Metal Mulisha Riders from Temecula — known for their irreverent attitudes, gravity-defying stunts and tattoos — have many fans among motocross-loving teenagers. But critics say the clothes they wear include Nazi-style helmets and a lightning bolt “S” similar to those worn by Nazi military forces.

Many school districts forbid gang or hate-related paraphernalia and symbols in their dress-code policies. In the Inland Empire, several schools — including the Murrieta Valley Unified School District, which serves Temecula — have barred high school students from wearing clothes branded with the Mulisha logo.

“It’s not a district-wide ban,” said district spokeswoman Karen Parris. “It was implemented at the high schools four years ago, a joint decision made by our high school principals.”

But after receiving letters warning of a possible lawsuit from MM Compound Inc., the licensee of the Metal Mulisha brand, Murrieta school officials are reconsidering the dress-code policy and seeking a compromise, Parris said.

In the letter to Supt. Stan Scheer in September, the company accuses the district of trademark dilution and violating MM Compound’s constitutional rights to free speech and expression, in addition to violating students’ 1st Amendment and due process rights.

“We are a lifestyle clothing company, that’s what Metal Mulisha is,” said Bill Gage, vice president of marketing and sales. “I think the brand itself is edgy, rebellious and appeals to a younger demographic.”

He said the clothing never had any political, religious or ideological bent. In the letter, Metal Mulisha Riders are described as “devout Christians” who set a “good example for those around them.” The intent, the group has said, was never to spread racism or Nazism.

Lawyers from the company and the school district are now attempting to find a resolution.

Parris said budget woes have left the district with a $14.5-million deficit, prompting school officials to seek a peaceful solution without litigation. “Our primary concern is saving jobs and programs, not going to court,” she said.

Courtney Joslin, a law professor at UC Davis, said the line between a school’s obligation to protect students and the students’ right to free expression is a blurry one. The Supreme Court has ruled that a district must make a convincing case that such speech will cause disruption and disorder, she said.

“Fear of disruption is not enough,” she said. “A school must have good, substantial and sufficient evidence. Acting upon pure fear of disorder is not enough.”

In addition to a general ban on garments that “students would find intimidating and offensive,” Murrieta Unified’s dress code for high schools explicitly bans only two specific brands — Metal Mulisha and SRH Clothing, a label that sometimes features skulls on its clothing and is worn by those who “rule the underground,” according to the company website.

“The clothing is certainly perceived as intimidating and threatening by some students,” Parris said.

But Gage disagreed.

“We’ve heard of the ban before but it didn’t bother us until we became more mainstream,” he said. “We are all about our fans and they told us through Twitter, through Facebook, that they are really upset and going to detention for wearing our clothes.”

The company has not decided if it will pursue the lawsuit if the school district does not lift the ban, he said.

shan.li@latimes.com