ACLU of Minnesota takes Detroit Lakes school district to court over LGBTQ pride rainbow displays

The ACLU of Minnesota is suing the Detroit Lakes school district over a new policy that bars students and staff from displaying rainbow symbols and other materials not sponsored by the schools.

The school board voted 4-2 on July 27 to adopt the policy, which prohibits non-school-sponsored stickers, buttons, posters and flags on school grounds, according to the ACLU. 

The lawsuit, filed Tuesday, argues the board violated free speech and equal protection rights under the Minnesota Constitution, as well as the Minnesota Human Rights Act and Open Meeting Law. The ACLU says the board introduced the resolution without prior notice, leaving the public no chance to object.

"We filed this lawsuit because the Rainbow Ban casts a pall over the entire Detroit Lakes School District, chilling speech in support of LGBTQ+ students and families, who deserve to be cared for, valued, and protected," Catherine Ahlin-Halverson, ACLU-MN deputy legal director, said. 

The civil rights group claims debate and board member media interviews reveal that those board members who voted for the rainbow ban did so because of their "anti-LGBTQ+ bias."

Community members showed up to the board's August meeting to express frustration and concerns about the policy. While the ACLU says the board refused to approve a resolution postponing the implementation of the ban, the school district says its administration "has not directed the removal of any materials from schools" based on the motion.

The ACLU is asking the court to stop the ban from going into effect.

District officials say the school board "continues to have discussion at public meetings about expectations and standards for the display of materials in schools," but has "no further comment on this matter in light of the pending litigation."

Another school board meeting is scheduled for next week.