Can a school ban certain food items and why? 6 Answers as of August 27, 2015

Can a federally funded public school legally ban birthday cupcakes? Is it constitutional for a public elementary school to ban cupcakes, especially when other elementary schools in the same district have not?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Is this a real question? Do you really expect an attorney with three years of law school education to answer the question.
Answer Applies to: Georgia
Replied: 8/27/2015
Law Offices of George H. Shers | George H. Shers
The Constitution does not cover what food may or may not be served in a school. ?I guess the school could probably ban the sale or transfer from one pupil to another of a food.
Answer Applies to: California
Replied: 8/27/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
They can do it if they have any rational reason. There is no lack of rational reasons for banning cupcakes. Your children do not have a recognize right to eat cupcakes in school.
Answer Applies to: Wisconsin
Replied: 8/26/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If they have banned it/them, it is apparent that the board believes it has such power. Presuming it does, the issue is whether its discretionary authority edict invades unreasonably your first amendment rights. You might have some sort of an appeal from the decision, but my guess is you will have to file a civil rights case to have your question answered by a court. Good luck.
Answer Applies to: Alabama
Replied: 8/26/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If the government puts conditions on the money given to a school, then the school has to decide if it can exist without the federal money. If it needs the money, then they can ban sugary snacks in the school.
Answer Applies to: Michigan
Replied: 8/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Schools are able to make their own rules, and for various reasons may decide to ban suites including cupcakes regardless of the fact they are celebratory of a birthday. You should speak with the school's administration, and if you get no satisfaction with the local school board. I seriously doubt that this is a constitutional issue.
    Answer Applies to: Michigan
    Replied: 8/25/2015
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