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Two students and two groups have sued the Elizabeth School District over its decision to remove 19 books from school libraries this year because they contained what the school board deemed highly sensitive content.
The suit, filed in U.S. District Court by lawyers for the American Civil Liberties Union of Colorado on Thursday, argues the book removals violate federal and state free speech protections. In addition to a high school student and preschooler in the 2,600-student district, the plaintiffs include a chapter of the NAACP and the Authors Guild, a professional organization for writers.
The removed books include titles like “The Hate U Give” by Angie Thomas; “The Bluest Eye” by Toni Morrison; “The Kite Runner” by Khaled Hosseini; and “It’s Your World – If You Don’t Like It, Change It” by Mikki Halpin.
The lawsuit is the latest volley in an ongoing battle in the Elbert County community over issues ranging from book bans to LGBTQ rights to allegations that schools are teaching critical race theory. Even some self-described conservative residents have expressed surprise at the school board’s recent actions.
Last spring, the district decided to switch from its longtime book fair provider, Scholastic, to Sky Tree Books Fairs, which is affiliated with the Christian publishing company Brave Books. The new book fair vendor promised there would be no LGBTQ, critical race theory, dark magic, foul language, or explicit content.
The 19 books at the center of the lawsuit are primarily by or about LGBTQ people, people of color, or both. They include discussions of same sex relationships, LGBTQ characters, racism, police violence, or other content Elizabeth school board members considered “disgusting,” according to the lawsuit.
“The federal and state constitutions prohibit this kind of politically motivated censorship,” said Tim Macdonald, legal director for the ACLU of Colorado, in a written statement.
The lawsuit acknowledges that the school district has control over “certain curricular matters” but argues that it “cannot block students’ access to information in their school libraries based on the Board’s political preferences, nor can it remove authors’ books from school libraries based on views that authors express.”
Elizabeth Superintendent Dan Snowberger said in a statement district officials were notified of the lawsuit late Thursday afternoon.
“We are disappointed that the district is being tied up in a political attack,” he said. “It intends to vigorously defend itself and decisions made in the best interest of our children.”
Last August, the 19 books were “temporarily suspended” and put on display for a month so parents could review them and make suggestions about their fate.
In September, the board ultimately decided to remove the books permanently. But one of the books, “Speak” by Laurie Anderson, had been checked out of the Elizabeth High School library the previous year and was never returned.
Parents had wildly variable opinions about the 19 books at issue, according to the lawsuit.
One parent wrote that the book “13 Reasons Why” by Jay Asher was “just porn.” Yet another wrote that it was “a prime example of a book that could be a conversation starter + open lines of communication between parents + their children.” The book is about a high school student who dies by suicide and leaves casette tapes behind that describe the reasons for her despair.
Parents and plaintiffs who opposed removing the books permanently from the library said they want students to have access to books they can relate to and that offer a variety of perspectives.
“By banning these books, the District is sending the message that it is not okay to learn about LGBTQ+ identities and same sex relationships or race and racism,” the lawsuit states.
Dozens of other school library books weren’t removed but ended up on a “sensitive” list compiled by a curriculum review committee. Parents can prohibit their children from checking out books on the list, which include titles like “To Kill a Mockingbird,” “The Hunger Games” and “Muslim Festivals Throughout the Year,” according to the lawsuit.
Note: This story was updated with a statement from the Elizabeth School District superintendent.
Ann Schimke is a senior reporter at Chalkbeat, covering early childhood issues and early literacy. Contact Ann at aschimke@chalkbeat.org.
