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Five lawsuits have been filed in Virginia by families of white high school students who were suspended after giving a Black classmate a birthday gift containing racist imagery and slurs, per Atlanta Black Star.
The lawsuits stem from a March 12, 2025 incident at Kellam High School in Virginia Beach, where six white ninth-grade students gave a Black student a bag containing fried chicken, watermelon, grape Kool-Aid, Sour Patch Kids and a birthday card bearing racial slurs such as “blackie monkey,” “wassup my ni,” and “from your favorite Klan,” along with a drawing of a monkey’s face.
School officials determined the incident violated district policies on racial harassment and bullying. All six students received deferred long-term suspensions through October and were transferred to another high school. The violations were also placed on their permanent school records.
The students’ attorney, Tim Anderson, argues the exchange was a misguided joke among friends and not an act of harassment. Anderson claimed that the Black student had asked his friends to bring him fried chicken for his birthday and found the card humorous. Anderson said surveillance video shows the students laughing and hugging afterward.
“These are ninth graders, and ninth graders don’t make the best judgment,” Anderson said. “Context matters.”
However, the school’s investigative report included conflicting accounts. A witness stated the Black student appeared uncomfortable and was overheard saying, “You’ve got to be kidding me.” In his own statement, the student reportedly described the contents of the bag as “Black people food” and called it “pretty racist.”
The report also noted the student is in special education and concluded the incident caused “extreme emotional trauma” to him and his family, prompting a request for him to attend a different school.
Following the incident, Kellam High School Principal Ryan Schubart sent an email to the school community describing the event as “racial harassment” and stating the students would be disciplined “to the fullest extent possible.” The Virginia Beach NAACP and local officials condemned the incident, while the Commonwealth’s Attorney called it “reprehensible” but said it did not meet the threshold for criminal charges.
The students’ families allege the school district created a “false narrative” that unfairly branded the teens as racist bullies before a disciplinary hearing could take place. They also claim officials withheld exculpatory evidence, including surveillance footage, before the hearing.
The lawsuits include petitions challenging the suspensions and two federal defamation suits seeking a combined $13 million in damages. The plaintiffs claim the publicity surrounding the case led to threats, stalking, property damage, and lasting reputational harm.
School officials named in the lawsuits argue they followed proper procedures, afforded the students due process, and are protected by immunity. A hearing on a motion to dismiss one of the federal cases is scheduled for Friday (January 16) in U.S. District Court in Norfolk.
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