Less than a week after parents sued Hilliard City School in federal court because teachers are engaging in “intimate sexual conversations” with pupils as young as 6 years old, school officials are requesting the court to dismiss the lawsuit.
In a motion submitted by Columbus attorney Jessica Philemon in the U.S. District Court in the Southern District of Ohio on Monday, the district claims that the parents lack standing to launch a lawsuit because they ” have not alleged an actual case or controversy that would invoke the jurisdiction of the federal courts.”
In the complaint filed on January 16th, the parents claim that school officials are enabling “activist instructors” to have discussions about gender identity and sexual orientation without getting permission from the parents. The lawsuit describes the situation as “a recipe for indoctrination and child abuse” and claims that teachers are taking deliberate steps to conceal these interactions.
The motion said that the parent’s lawsuit is full of inaccuracies and “riddled with careless mistakes” that should persuade a judge to throw the matter out. The motion also contends that the parents lack standing to file claims in the lawsuit as the district did not harm them.
“Plaintiffs have not sued an entity capable of being sued. It is clearly established under the law that, in order to sue a school district, one must do so by suing the board of education,” the district said.
The lawsuit asks the federal courts to prohibit teachers from discussing gender and sexuality with students without parental permission, and prohibit the district from withholding from parents information about sexual activity and mental health that a student had disclosed to school staff.
“The schools do not have the right to withhold information from parents for any reason. Especially when it involves mental health. When you are denying parents the knowledge their child is having mental distress, you are literally robbing the parents the opportunity to show their children, unconditional love,” Lisa Chaffee, director of Ohio Parents Rights in Education and one of the eight plaintiffs in the lawsuit said.
According to the district’s motion, the plaintiff’s complaint does not include a claim for damages since the parents “do not allege injury to any of their children.” The parents, however, “claim fear of further action, stating that the district’s instructors are “activists” encouraged to conduct “sexual dialogues” with children, putting their children “susceptible to abuse.”
In their lawsuit, the parents request the federal court to prohibit school staff from wearing “I’m Here” badges that the National Education Association and the Hilliard Educational Association provided for staff to wear.
The “I’m Here” proponents say the badge is designed to signal “a message of inclusion and safety.”
However, the badges garnered a lot of attention in September when parents voiced their concerns that the two-sided badges feature a QR code that links to a website that offers information on how to get additional badges and includes several links to a network of sponsors and affiliated organizations supporting the program.
In addition to the teacher’s unions, the website lists its supporting organizations, which include GLSEN, Alliance Medical Center, and the WEA LGBTQ Caucus, along with 44 other partners in support. The website also contains LGBTQ book lists for children and a resource guide.
The “I’m Here” LGBTQ badge program and website are by the NEA- lesbian, gay, bisexual, transgender, queer caucus.
According to Chaffee, students are getting access to the badges, which expose them to explicit information via the QR code and the website connected to it. The website contains numerous links which direct the viewer to various additional websites and sources about topics such as masturbation, bondage, and sexting.
Hilliard City Schools Superintendent David Stewart told The Ohio Star that the school district has since requested that teachers who wear the badge cover the QR code that directs users to the website with sexually explicit content.
Chaffee told The Star that she is not concerned about the districts motion.
“It is standard protocol I am told. We have a strong case. I am not worried. We are not going to give up,” Chaffee told The Star.
The parent’s lawsuit follows a resolution passed by the Ohio Board of Education rejecting the proposed changes to broaden the definition of sex-based harassment and discrimination to include gender identity and sexual orientation for LGBTQ students. The proposed rules “require that K–12 schools socially transition minor children to a different gender without requiring parental consent,” according to the resolution. It also instructs the acting superintendent of public instruction to distribute copies of the resolution to all Ohio public schools to make it clear that the board opposes the changes.
Ohio Republican Council of Clubs‘ attorney Joshua Brown on behalf of the plaintiffs told The Star ” We disagree with their motion in several respects. Our deadline to respond is 21 days and we will respond then.”
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “I’m Here Sticker” by NEA.
