SAN FRANCISCO (CBS/AP) — Members of Mendicino High School’s basketball team can wear t-shirts reading “I Can’t Breathe” during warm-ups at a tournament despite previously being told by the hosts to stay home if they did.

Fort Bragg Unified School District officials previously told the team they could not play in the event if they wore the shirts which bear the last words of Eric Garner, the man who died after a NYPD police officer put him in a choke hold. The District cited safety concerns.

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Karen Boyd, an attorney for one of the players, said District agreed Monday to lift the ban. The reversal came as she prepared to file a federal court motion arguing the ban violated First Amendment rights.

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District lawyer Patrick Wilson says officials remain concerned the shirts could cause a disruption but wanted to avoid the costs of a legal battle.

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