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ACLU sues Detroit Lakes school district over 'Rainbow Ban'
The lawsuit says the ban violates students’ free speech and equal protection rights and seeks an injunction, civil penalties and a jury trial.
On Tuesday, the American Civil Liberties Union-Minnesota sued the Detroit Lakes Public School District, alleging a rainbow ban violates students' constitutional free speech rights and the Minnesota Human Rights Act.
The Detroit Lakes Public School Board voted 4-2 on July 27 to prohibit non-school-sponsored rainbow materials; the lawsuit alleges the motion was introduced without prior public notice, calling it an "ambush tactic."
Plaintiffs seek civil penalties of up to $300 apiece for the four board members, plus attorney fees up to $13,000, citing violations of Minnesota's Open Meeting Law.
Detroit Lakes Public Schools Superintendent Mark Jenson stated the administration has not directed material removal, adding the board "continues to have discussion" on display standards amid pending litigation.
The lawsuit represents two students, including the child of content creator Amber Estenson, and argues the ban creates a "chilling effect" discouraging students from supporting LGBTQ+ peers.