Topics / COURTS : Barring of 2 From Dance Prompts Suit : Youths file bias claim against San Marino school district, saying they were told to leave event because of their race.

Robert and J.R. Davidson went to a Huntington Middle School dance last Christmas expecting to rock and roll. Instead, they said, they were kicked off the campus and told to wait for a ride at a closed library.

Contending that the incident was racially biased, the Davidson brothers, who are African American, are suing the school district in federal court.

The lawsuit states that the two teen-agers were the subjects of racial remarks made by two teachers, were denied access to the campus telephone and were forced by school officials to leave the premises by school officials with no regard for their safety.

Schools Supt. Thomas Godley said race had nothing to do with what happened. San Marino Unified School District policy excludes non-district students from attending school functions, he said.

The Davidson brothers, who attend school in Encino, came to the dance with their friend, Alex Boerschinger, a Huntington student who said he had seen non-district students at school events in the past.

The Davidsons waited outside while Boerschinger went in to purchase tickets. While waiting, they said, they were questioned by two teachers and told that “no outsiders” were allowed.

The two teachers allegedly told the Davidsons to wait at the San Marino public library, about 100 yards from the school. When Boerschinger returned, one of the teachers approached him and said “your black friends are outside at the library,” the lawsuit states.

According to the lawsuit, the teachers did not offer the boys the use of a telephone to contact their parents or take any steps to ensure their safety, and repeatedly during the conversation with Boerschinger referred to the Davidsons as “your black friends.” Both teachers were unavailable for comment.

J.R. Davidson, 13, and Robert Davidson, 15, both said they were angry and disappointed by the way the teachers treated them.

Boerschinger’s mother, Carol Gillam, came down to the school that night to challenge the policy, she said. Gillam, a federal prosecuting attorney, told The Times that she had never heard of the rule and that she had talked with two boys that night who were not Huntington students but were allowed into the dance. Gillam identified one of the boys as Asian and the other as white.

Of Huntington Middle School’s 750 students, more than 97% are Asian or white. There are no African American students at Huntington, according to the lawsuit.

Godley, who was not at the dance that night, said there are no witnesses to verify Gillam’s claim. If any non-district students got in, he said, they did so against the rules.

“Kids try to sneak in all the time,” Godley said. “We know who our students are, and as far as I know there were not any non-district students at the dance that night.”

Juan Zuniga, the Davidsons’ attorney, said the school has a right to the policy but not to enforce it on a racial basis. Zuniga acknowledged that two white students from outside the district also were turned away that night but said that the two teachers allowed them to use the phone and wait on campus for a ride.