The ACLU of Minnesota has filed a lawsuit against the Detroit Lakes Public School Board, arguing that its ban on rainbow-themed stickers, buttons, posters and flags on school grounds violates free speech rights, the state's human rights law, and Minnesota's open meeting requirements. The ban, adopted on a 4-2 vote in July, has left rainbow-themed items that some teachers used to show support for LGBTQ+ students in a state of legal limbo ever since.
According to CBS Minnesota, the lawsuit says the board voted on the rainbow-ban resolution without it appearing on the agenda. That account lines up with reporting from Valley News Live, which said board member Sanford Nelson introduced the motion and that it surprised board members.
The vote was 4-2, according to MPR News. Smith-Yliniemi has said publicly that dissenting board members, as well as the superintendent, were blindsided.
The Lawsuit Challenges the Ban's Scope
Opponents have argued that the policy singles out LGBTQ+ students.
Catherine Ahlin-Halverson, the ACLU-MN deputy legal director, said the lawsuit was filed because the ban chills speech supporting LGBTQ+ students and families. The organization has also claimed that board members who voted for the ban acted out of anti-LGBTQ+ bias. Detroit Lakes Pride President Rebelle Marie criticized board members for failing to engage the community and for failing to respect public schools as inclusive institutions serving all students, per the same MPR News report.
Years-Old Classroom Practice Now in Question
Rainbow Stickers in Classrooms
Community members packed an August meeting to voice frustration and concerns about the policy, with nearly 100 people gathering and 19 speaking during public comment, most of them opposed to the ban. A motion to delay implementation of the ban failed on a 3-3 tie vote at that meeting, according to Valley News Live's coverage of the emotional session.
Open Meeting Law Claim
Beyond the free-speech and equal-protection claims, the lawsuit argues the board's decision violated Minnesota's Open Meeting Law.
The lawsuit also invokes Minnesota's Human Rights Act. The ACLU is asking the court to stop the rainbow ban from taking effect while the case proceeds.
District officials have said the school board continues to discuss expectations and standards for displaying materials in schools, but they have declined further comment because of the pending litigation. Another school board meeting is scheduled for the week after Tuesday, per CBS Minnesota's reporting.
Comparisons With Other Districts
The Detroit Lakes debate has drawn comparisons with Bemidji.
