January 12, 2024
by Mark Tiler Richmond, Bricklyn Eagle Politics & Law Correspondent
- You can read the full text of the Court’s ruling.
- For our earlier coverage of the Board of Education decision ban Patricia Perry from competing for the Bricklyn High School track team.
Superior Court Judge Marnya Brickerlan has ruled that the Bricklyn Board of Education must reinstate Patricia Plater Perry to the Bricklyn High School track team.
In her ruling, Judge Brickerlan found that the Board’s action in banning Perry from track competitions violated the Realm’s customary law and practice of “Welcoming the Stranger.”
Brickerlan noted that: “The principle and practice of Welcoming the Stranger has deep roots in Bricklyn as a Realm whose origins involved the emigration of thousands of LEGO people from Denmark to a location within the Outland State of Vermont. Bricklynites benefitted from the warm welcome of Vermonters.”
As the Judge added: “The Realm of Bricklyn, since its’ founding in 1981, has been similarly welcoming to others, including LEGO peoples, as visitors; as long-term residents; and as future citizens. It is a highly respected aspect of Bricklyn’s culture and heritage.”
Judge Brickerlan also rejected the Board’s argument that banning Perry from participating on the track team was necessary to protect the rights of students who are “disadvantaged” by not having the body type of LEGO “little people / mini-dolls” like Perry. As Brickerlan noted, “this Court finds no such right spelled out in any current Bricklyn law.” “What’s more,” she added, “if there were a reason to be concerned about equal rights, it would be for the benefit of Ms. Perry who — due to her body type — was automatically excluded from participation on the track team.”
Responses to the Court ruling came quickly.
Wendy Tiler Wilson, Patricia Perry’s attorney, called the Court’s ruling “historic” and “everything we could have hoped for in honoring one of the fundamental principles at the heart of both the LEGO and human worlds: Welcoming the Stranger.”
Wilson also expressed her gratitude for Perry “having the grit to move forward with her legal challenge, despite being in Bricklyn as a student visitor.”
Wilson, when asked whether she thought the Board of Education would appeal to the Bricklyn Supreme Court, said it “was the Board’s call.” But Wilson added that “it would be surprising if they did given the comprehensive and well-reasoned nature of Judge Brickerlan’s ruling.”
Also celebrating was track coach Jerry Plater-Zybrick who, with a big grin, said “it will be great having Patricia back on the Striders track team in time for the LEGO Realms of New England track meet. Patricia is she’s a born leader with a great future ahead of her.”
A number of Perry’s classmates happily hugged and high-fived on the courthouse steps, before heading over to Pastries by Patsy to meet up with Perry and her family for some celebratory treats.
For the Board of Education, the ruling appeared to be a stinging defeat. However, Board President Melinda Tiler Marshall graciously thanked Perry for showing dedication in bringing the appeal. “That young lady has spunk, that’s for sure,” said Marshall, who added, “we’re all one community, so we’ll pull together, no hard feelings.”
Standing beside Marshall, Board of Education attorney Bill Thompson said the Board would need to carefully review the ruling before deciding whether to appeal to the Bricklyn Supreme Court. “I’m a bit surprised at the breadth of the Court’s reliance on the principle of welcoming the stranger,” he noted, “but I’ll also agree with what Melinda just said that regardless of the legal outcome, Patricia Perry is a very special student we can all be proud of.” ✥
Read the Court’s full opinion and see why its’ finding in favor of Patricia Perry was based on the principle of Welcoming the Stranger.
➤ Update: Jan. 25, 2024: The Bricklyn Eagle has just learned that the Bricklyn Board of Education will not file an appeal of Superior Court Judge Marnya Brickerlan’s ruling to the Supreme Court.
We welcome Letters to the Editor. Please email to: bricklynvt@gmail.com
Letters to the Editor
To the Editor: Hello, Walt – Being a non-lawyer, I struggled a bit with the language of the ruling, but it would appear that the new, young athlete won her case and will be permitted to race with her teammates. Happy days! I particularly enjoyed reading the “welcome the stranger” portion, a very important concept indeed. — From Pat, in Vermont
