UW-Madison Marching Band Director Michael Leckrone said he felt he received a vote of confidence for his decision to fine band members for profanity when a Dane County Court dismissed a lawsuit pending against him Friday.
The lawsuit, filed last September, accused Leckrone of a lack of due process after he fined 28 UW-Madison Varsity Band members $41.38 each last spring. The band members were traveling back from a 2004 Big Ten women's basketball game aboard a bus when the driver pulled over, claiming the band's unruly behavior was preventing him from driving safely. The driver eventually called police to the scene.
Leckrone said the band members' conduct deeply disappointed him.
\We're representatives of the university,"" said Leckrone, who particularly took issue with the band members' use of the word ""fuck.""
As a disciplinary measure, Leckrone charged those on the bus $200 for each of the six times the word was used. With 28 students aboard the bus, this equates to $41.38 per student.
""This is a policy that's been in place for a long time, I'd say maybe 45 years,"" Leckrone said. ""It was the first time it had been challenged.""
UW-Madison business graduate student David Gauder was the challenger who filed the lawsuit. Gauder had graduated in spring 2004 but was unable to access his transcripts because of a hold enacted on his records for not paying the fine.
According to Matt Van Hout, a UW-Madison junior and member of the band's percussion unit, Gauder had complained about the fine after it was issued, but it was only after he graduated that Gauder formed plans for a lawsuit. Leckrone said Gauder was the only student who did not comply with the fine.
""Except for the one person, I think the feeling was they saw the purpose in the action and followed through on it,"" Leckrone said.
Leckrone additionally reported that since the incident, the band's behavior has largely been without problems. However, he said he would not have any problem fining students in the future should he see a need.
""It appears to me that this probably justifies what I've been doing,"" Leckrone said. ""I don't think it will be a problem, but it certainly gives some backing to the policy we've had all along.\
