She didn't stand for the Pledge of Allegiance — so the principal kicked her out, lawsuit says

India Landry said it’s never been a problem before.

Landry, a 17-year-old high school senior at Windfern High School, was sent home from school because she refused to stand for the Pledge of Allegiance, according to Fox 5.

Landry said she’s remained seated during the morning ritual hundreds of times without any issue.

But the morning of October 2 was different. Landry was in the principal's office when the pledge began, because she violated school rules and texted her mother during her first class, then refused to give her phone to the teacher, according to the Houston Chronicle.

The principal allegedly told the 17-year-old to stand, Landry said, but the student refused.

“I don’t believe the flag represents justice and that’s what they want us to stand for,” Landry told Fox 5. “I don’t believe it represents that.”

The principal then allegedly suspended Landry from the school, she told KHOU.

“The pledge came on, and (the principal and a teacher) both stood, and then I didn’t,” Landry said. “(The principal) asked me to, and I said I wouldn’t. And then she said 'Well, you’re kicked out of here.'”

She was given just five minutes to leave the school, the Chronicle reported.

The suspension lasted only four days, according to Houston Public Media — but the issue is far from over.

Landry and her attorney Randall Kallinen told Houston Public Media that they are suing the school in federal court for violating the teenager’s First Amendment rights. Fox 5 confirmed the lawsuit was filed.

“In a school setting, you still have a right to freedom of speech,” Kallinen said to the Houston Public Media. “There was a 1943 (Supreme Court) case that covered this. It’s a First Amendment right.

“And furthermore, students cannot be instantaneously kicked out of school, over a 1970s’ Supreme Court case, which said that you have (a) hearing and an opportunity to be heard.”

There’s also an alleged racial dimension to the suit, Landry’s mother told the Chronicle.

“They just assumed it was about race,” she said. "The assistant principal told her, ‘All the other African-Americans are standing, so you should stand too.’”

After Landry was first sent home, her mother was confused. She didn’t know why she was sent home, according to KHOU, and was even more confused about why her daughter couldn’t return to school.

Finally, after multiple phone calls, Landry’s mom said she received a call back from the principal — and recorded the conversation, which allegedly documents the school official saying Landry was suspended because of what happened during the Pledge of Allegiance, according to KHOU.

Originally, Landry was told she had to stand for the pledge if she wanted to return to school, Houston Public Media reported, but the school district later released a statement saying no student is compelled to stand.

Landry is nervous about how she’ll be treated at the school now.

“I'm scared of being mistreated now by the administration,” she told the Chronicle, “because of what happened.”

This story was originally published October 14, 2017 at 10:52 AM with the headline "She didn't stand for the Pledge of Allegiance — so the principal kicked her out, lawsuit says."