(COLORADO SPRINGS, Colo.) — A 7th-grade student at The Vanguard School, a charter school in Harrison School District 2, is suing the Colorado Springs district over its policy on whether he can wear a Gadsden flag patch on his backpack.

Back in August, FOX21 reported on a viral video showing a representative from the school claiming the Gadsden flag has origins in slavery and that the patch is against district policy. The user who posted the video, Connor Boyack, said Jaden Rodriguez was kicked out of class at The Vanguard School for having a Gadsden flag patch.

“This isn’t the only time that the schools have censored Jaden’s speech,” James Kerwin, Senior Attorney at the Mountain States Legal Foundation explained. “He had other patches that he was wearing on his backpack, by the way, for years before any of this happened without any problems.”

Mountain States Legal Foundation, along with the 12-year-old student and his mother announced Tuesday, Oct. 24 that they would be seeking an injunction of the school district’s policy which would ban a student from displaying the Gadsden flag. The student’s attorney tells FOX21 he isn’t currently wearing the Gadsden flag in school but says the district would reinstate the ban on the patch as soon as there are complaints about it.

“Officials at his public school were caught on video banning him from wearing a patch that displayed the Gadsden flag,” Kerwin said. “They told the public that Jaden could continue to wear the patch, they only temporarily rescinded their rule that he couldn’t wear the Gadsden flag patch.”

The lawsuit alleges that simply the threat of re-enforcement of the flag ban poses a threat of censorship of free speech. In August, the student was contacted by The Vanguard School officials concerning multiple patches on his backpack, including several that depicted firearms. The gun patches were removed.

FOX21 reached out to Harrison School District 2 for comment, and they said in part, “The decision to remove the Gadsden flag patch was at the directive of District 2 administration as an enforcement of the district’s dress code policy. All substantive decisions were initially made by District 2, not by Vanguard employees.”

“We really think this is a straightforward case,” Kerwin explained. “Jaden’s been wearing these patches for years and nothing’s ever happened.”