ACLU-MN Sues Detroit Lakes Public School District for Rainbow Ban

For years, some Detroit Lakes high school teachers have posted 2x3 inch rainbow stickers at classroom doorways to let LGBTQ+ students know that they are valued and safe. This summer, four Detroit Lakes School Board members who disagree with that message voted to categorically ban rainbow stickers, posters, flags, buttons, and more from all school facilities in the school district. Today, the ACLU of Minnesota filed a lawsuit to end this unconstitutional policy.

On July 27, without prior notice, the board introduced and adopted the Rainbow Ban, with a 4-2 vote. Because the resolution was not on the board’s official agenda, members of the public, students, and parents were unaware that the Rainbow Ban would be introduced, and the community had no opportunity to object.

The Rainbow Ban ordered the “immediate removal of all non-school materials not funded, sponsored, or authorized by the school district,” including specifically “any rainbow stickers, posters, flags, buttons, etc. displayed in Detroit Lakes Public Schools facilities.” Debate and board member media interviews revealed that the four board members who supported the Rainbow Ban did so because of their anti-LGBTQ+ bias – they wanted to remove not just the 2x3 rainbow stickers, but any other expression of LGBTQ+ identity or support at school.

Board Chair John Steffl confirmed in media interviews that the Rainbow Ban would extend to backpacks. He also confirmed his own bias in supporting the Rainbow Ban when he said that it would not extend to religious expression consistent with his own religion because it “does not bother him.”

The Detroit Lakes community showed up to the board’s August meeting with an outpouring of support for LGBTQ+ students, but the board refused to approve a resolution postponing implementation of the Ban.

The ACLU-MN and pro bono partner Lockridge Grindal Nauen PLLP filed a complaint in Minnesota state court on behalf of Detroit Lakes students L.S. and C.H. through parents Amber Estenson and Nicole Hadding, respectively. L.S. and C.H. assert claims for the violation of their right to free speech and equal protection under the Minnesota State Constitution, for discrimination and harassment in violation of the Minnesota Human Rights Act, and for violation of Minnesota’s Open Meeting Law.

“We still remember our own teachers who used rainbow flag stickers to show their support for the LGBTQ+ community and those little stickers made a big impact on creating an environment that felt safe," said Kate Baxter-Kauf, Olivia Levinson, and Derek Waller of Lockridge Grindal Nauen. "We and our colleagues at LGN are proud to support the families in this case, the Detroit Lakes community, and our colleagues at ACLU-MN as they defend their rights to safe and inclusive schools.”

“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,” said Catherine Ahlin-Halverson, ACLU-MN Deputy Legal Director. “We are asking the court to halt the Rainbow Ban so that LGBTQ+ students in Detroit Lakes can freely express their identities and experience a safe and inclusive school environment, which is their right.”