UPDATE: Cell phone mom gets her day in court
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A Columbia mother may have lost in court, but she vows to keep fighting.
Amy Beechum called Messed Up after a teacher at Columbia Central confiscated her daughter’s cell phone.
Beechum told Messed Up at the time; she is ok with the school policy, but she believes the school should notify parents when a phone is confiscated. She says the phone should be returned to parents, especially if they own the phone, which Beechum says she does.
Beechum argued that this is the only means of communication she has with her child. She says if the school keeps the phone for 2 weeks up to a month, that puts her child’s welfare in jeopardy.
Beechum took the issue to court and lost.
According to the columbia Daily Herald: Judge Robert Holloway Jr. cited a Tennessee Attorney General opinion in his ruling and stated: “Due process was provided by notice and an opportunity to be heard. The case is dismissed and all cost taxed to the Petitioner.”
Beechum tells Messed Up, she didn’t realize how complicated a proceeding this was till she arrived at the courthouse.
“I didn’t know it was a trial, until the day I got to court,” she says. “They had witnesses and principals and school board members, and I just had myself.”
The single mother tells Messed Up she was surprised how big an issue this has become in Maury County.
And as it related to her daughter’s cell phone being confiscated; “The teacher testified in court that my daughter’s cell phone was off. She was not using it. But they still took it. It is in the court papers. You can read that testimony for yourself.”
We asked if this has been worth the effort.
“It’s never been a hassell,” she replied. “I am glad I did it. So many people out there are depending on me to win it. They’re urging me to go on go on.
I’ve had nothing but support. This is wrong keep fighting it.”
Beechum says she has ten days to file an appeal, and this time she plans to fight it with legal representation. According to Beechum, 2 attorney’s have contacted her and are willing to handle the case for free because the attorney’s believe in her cause.
We’ll keep you posted.
Below is an excerpt from the Columbia Daily Herald coverage of Beechum’s day in court:
Judge Robert Holloway Jr. cited a Tennessee Attorney General opinion in his ruling and stated: “Due process was provided by notice and an opportunity to be heard. The case is dismissed and all cost taxed to the Petitioner.”
The opinion was based on Laney v. Farely, where a U.S. District Court found that a school could hold a cell phone without violating the constitution.
Holloway ruled that because the school system gave notice of the policy Beecham was “in no condition to complain.”
Beecham will have to pay for the school’s court fee.
I totally agree with the parents that it is wrong for the school to take the phones. If the phone was out when it shouldn’t be, then of course take it. But give it back to them at the end of the day or to the parents.
I believe the schools and teachers are getting a bit too nosy and are concerned more about other things instead of actually teaching our children.
If they would spend as much time teaching as they do searching for cell phones and making sure the kids are wearing the correct uniforms,etc, Tennessee schools would be high up on the list instead of near last.
Teachers only do as they are instructed: you cannot call a teacher nosy when the teacher is only doing his job.
I’m amazed that Ms. Beecher seems to feel such an amazing sense of self-entitlement that she would take up school resources, precious school administration time and funds to drag them to court–and even appeal?!? There is no way the school board can let this go now–they have to set a precedent. Can you imagine what the implications if Ms. Beecher wins? You are sending the message that schools do not have any authority to control their own learning environment–and that they do not have the authority to ENFORCE the consequences (in this case, keep the phone). If there aren’t consequences, then there is no policy. Students could have cell phones out in class and a constant revolving door of phone to teacher to parent to student will ensue.
As if the teachers, principal and school board aren’t underpaid and don’t have enough to do already, they get to deal with an irate, over-entitled parent over a CELL PHONE. I really think Ms. Beecher should choose better issues to call out the school board on–This is outrageous. Ms. Beecher would rather spend time, emotional energy, and money than go out and buy a new cell phone (or better yet, USE this as a LEARNING opportunity for her CHILD and make her CHILD purchase a phone replacement). There is not a safety issue here–the last I checked, phones are still considered luxury items, not basic needs, despite what her teenage daughter may think. But it seems that Ms. Beecher may also have a teenage mindset.
Just curious..what is the yearly average salary for a teacher in Tennessee?
Chris R… First thank you for your opinion. In my situation it was a safety issue. We don’t have a homephone (no need we both have cells) I am at work by 4:30/4:45am and my child doesn’t catch bus until 6:30. That leaves no 911 capability. End of story on that. I am no better than you or anybody else, my case was over the day I got the phone. It was the School Board that made sure I went to court, you have it backwards. They couldn’t keep my phone and wanted to make sure no parent could do what I did. I was the School Board’s example to the public. There are alot of policital facts the public don’t know on this. My daugther was not on the phone, it was in her purse. Teacher testified to this in court. She also testified she had my daughter call me instead of her calling me as school policy states. I paid up front for my Writ of Possession, Judge allowed it..made sure I got my phone back on August 12 case closed. It’s over. There is no more money for me to pay. A Writ of Possession is proof of ownership. If they truly would have won, they would have the phone back, they don’t nor was it ordered back. You don’t go to court on a Writ of Possession if you already have your property. I never regret fighting for something I believe in. Remember, things get twisted. I was in the media in Nashville for 12 years..this I know. I wasn’t mad, just concerned for any parent who chooses not to have a homephone to save on a bill and a cell phone is the means of communicating with their child while at work, especially to check in after they arrive home from school. I think Metro has the best policy. They call it a Phone Privilege, and that is what it is, a privilege. As for calling out the School Board, they have alot more serious issues to deal with.
Ms. Beecham,
Thanks fro taking the time to clarify. You are right, when things are presented in the media, perspectives tend to get skewed. If you feel strongly about your opinion, then you are right to defend it. I did not realize the school was who took you to court. I can tell that you are heavily invested in this — and I’ve been concerned about posting because I did not want to add more fuel to the fire. I have experience in academia, and I tend to favor school policies. It does sound like they were being unreasonable–but sometimes schools have to take a hard line stance. Yes, it sounds like they tried to make you an example. I’m glad you have your phone back at least.
Chris R,
Thanks. You are the first person who had any concern about posting. Shows true integrity!! When it comes to hard line stance, I am the parent of a teenage daughter..lol..I’m glad it’s over. Thanks again for your interest in such a controversial subject. I’m hoping us parents in Maury County get the them to adjust this policy..it’s always worth a try..huh. Have a Great Rest of the Week!!