ACLU Ohio asks Big Walnut school board to repeal its 'unconstitutional' LGBTQ+ flag ban
The American Civil Liberties Union of Ohio sent a letter Wednesday asking the Big Walnut Local school board in Delaware County to repeal its recent flag ban, which includes prohibiting the LGBTQ+ flag on school grounds, calling it unconstitutional and the reasoning behind it vague.
"We write to express our grave concerns with this policy, which is unconstitutional in multiple respects, and to urge this School Board to repeal it. Should you fail to do so, we may be forced to take legal action," states the letter, signed by Amy Gilbert, ACLU Ohio senior staff attorney.
The ACLU letter calls the policy that the board adopted 3-2 at its Dec. 14 meeting "vague to the point of incoherence," with unclear language about what it specifically allows or doesn't allow.
"It states merely that it 'applies to displays affixed to the grounds' and other areas, and that it 'applies to any electronic messaging … on the district’s network[.]' That language is followed by a list of vague categories but contains little or no explanatory language on whether those categories are required, permitted, or prohibited, or under what circumstances," the letter says.
In addition to the letter, the ACLU Ohio sent a request to the Big Walnut Local School District under the Ohio Public Records Act asking for copies of all communications and draft resolutions concerning the flag and display resolution.
Gilbert said Wednesday afternoon that the board has demonstrated that it is trying to suppress particular viewpoints.
"We know what it is trying to do. It’s just not clear. There's concern about that," Gilbert said.
Big Walnut board member Alice Nicks originally proposed the resolution on Nov. 16, and board President Doug Crowl and board member Angela Graziosi voted in support of it at the December meeting. All three who voted for the resolution are conservatives.
Todd Smith, an outgoing board member, and board member Stephen Fujii voted against the resolution. Before the vote, Smith cautioned the board against approving the resolution, warning that it would invite lawsuits and cause an exodus of teachers.
The board also passed the resolution against the advice of the district's legal counsel, according to Superintendent Ryan McLane.
The resolution only allows:
Current U.S. and Ohio flags.
The current Big Walnut School flag or mascot.
Displays used in the classroom as part of a temporary unit of study within the curriculum.
Displays that recognize achievement and are approved by the superintendent as to content and location of the display.
Ohio High School Athletic Association or similar sport tournament displays, approved advertising, including a visiting schools’ current flag, mascot, banners, etc. recognizing the participation or accomplishment of a school team or student.
Displays from branches of the United States military, colleges and universities may be placed in approved locations.
Flags of countries representing foreign exchange students may be placed in approved locations by building administrators.
Flyers, notices, and club invitations can be placed only on bulletin boards approved by building administrators, and can be no larger than 8.5 inches x 11 inches.
The previous version of the resolution introduced by Nicks on Nov. 16 would have only allowed the United States flag, the Ohio state flag, U.S. military flags, and flags from other countries to be displayed on school grounds, and would have excluded flags supporting the Ohio State University. It also stated that banners, signs, or symbols that "promote activist causes, or are otherwise deemed controversial," could not be displayed in classrooms or school buildings.
The ACLU letter said that even if the policy was coherent enough to be enforced, it would be a "brazen attack on students’ First Amendment rights to free expression."
"The Supreme Court has repeatedly held that free speech protections extend to 'teachers and students,' neither of whom 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate'" the letter said.
Gilbert said she hasn't seen a policy like this elsewhere in the state.
"In Ohio, this is a pretty blatant violation," she said.
Geoff Peterfy, spokesman for the Big Walnut district, said via email Wednesday afternoon that district officials had no comment on the ACLU's letter because of potential litigation.
The Dispatch sent an email to school board president Crowl seeking comment.
The ACLU's letter set the stage for the latest showdown in the culture wars that have made their way into public schools in Ohio and across the country.
Big Walnut parent Ryan Wynia told The Dispatch that he contacted the ACLU the day before the Dec. 14 meeting.
"Our hope is that the weight of the ACLU backing the opposition to this policy will land with the board members in a way that at a minimum demonstrates very clearly the ways in which this policy both violates students' free speech within the First Amendment, as well as the viewpoint diversity within the First Amendment," Wynia said.
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This article originally appeared on The Columbus Dispatch: ACLU Ohio asks Big Walnut school board to repeal LGBTQ+ flag ban
