The Associated Press; Thursday, 6 August 1987

Federal Judge Elizabeth Kovachevich ordered the school district to admit the three Arcadia elementary students to school in the fall.

The judge granted a preliminary injunction sought by Clifford and Louise Ray, the children's parents, which restrains the school system from excluding Richard, 10, Robert, 9, and Randy, 8, from the classroom and related activities.

"We are elated. I wasn't expecting the decision this soon," Louise Ray said from her attorney's office in Sarasota.

Kovachevich noted, however, the order "certainly is not an end, but an intermediate step in the lives" of the Ray family.

"No matter how unfair the hand that has been dealt these boys may appear, it is factually their situation at this time," she said. "These boys are going to be required to be responsible, in their conduct, attitude and demeanor, beyond the level of responsibility generally expected of boys their ages."

The court also cautioned the school system officials that the injunction places "important and indispensable responsibilities" on them.

The restraining order also allows the children other educational services and opportunities except for "contact sports."

Elated with the decision, plaintiffs' co-counsel William Earl of Sarasota said: "We feel the law and facts support the judge's decision. This is a case where three innocent children are caught up in mindless fear and discrimination."

Fort Myers attorney Harry A. Blair, counsel for the defendants, refused immediate comment.

Earl said the school system could appeal the court's decision or could continue to refuse to admit the children. That, he explained, would lead to another hearing on a permanent injunction, he said.

The school board barred the boys from class last fall after they tested positive for AIDS antibodies.

Louise Ray said she expected her children would be harassed by classmates once they returned to school, but believes the youngsters can handle most any situation.

"I really do," she said. "We told them from the very beginning they may have problems with some kids. They understand it."

Family doctors said the boys, who are hemophiliacs, were infected by injections of a blood-clotting component contaminated before blood-donor screening for AIDS began in 1985.

Dr. Jerry L. Barbosa, a pediatrician at All Childrens Hospital in St. Petersburg who is the boys' doctor, testified the boys are "normal, active children" with hemophilia who have tested positive for humanimmuno-deficiency virus antibody (HIV).

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