A student is suing the Miller Place Union Free School District for barring him from performing in the variety show at the high school.

Kyle Vetrano, the senior class president, says he wrote most of the pre-approved skits in the show, but one ad-lib joke was enough to get him thrown off the ticket.

The joke concerned the Miller Place High School bathroom policy, where only one student is allowed in the facility at a time.

"Is this what our superintendent gets paid all this money for, to write bathroom policy?" said Vetrano.

The district says the policy has helped curb drug use and drug sales inside the school.

School Superintendent Dr. Marianne Higuera says Vetrano knew the consequences of breaking variety show rules. In a statement, she said "students are informed of the rules of participation, which clearly state that only approved scripting can be performed. In order for a person's name (adult or student) to be used, directly or implied, that person must give prior permission."

Vetrano says the district not allowing him to perform in the next night's show is a violation of his First Amendment rights.

"He has a right to freedom of speech in a school, outside a school, on a stage or wherever else, as long as he's not endangering the health or safety of any student," said attorney John Ray.