‘Serious harm:’ Platte County schools sued by ACLU over transgender bathroom policy
The American Civil Liberties Union of Missouri is suing the Platte County School District over a bathroom policy the organization says is discriminatory toward transgender students.
The lawsuit, filed Monday in Platte County, was brought on behalf of a 16-year-old former student of Platte County High School, identified in court papers as R.F., and her father Dustan Farr. The lawsuit states the teenager was punished by the school with detention and out-of-school suspension for using the girls’ restroom.
The reprimands came during the 2021-2022 school year after a series of warnings from school staff, including one who claimed R.F. had to use a gender-neutral or boys’ room as a matter of law, according to the lawsuit.
The gender-neutral option posed a challenge for R.F. because of its location in the building and frequently long wait lines, the lawsuit says. Aside from being an “impractical” alternative, the lawsuit says R.F. also preferred to use the girls’ room, which aligns with her gender identity.
At one point, after being suspended for two days in January 2022, the lawsuit says R.F. began using the boys’ room to avoid further discipline. On one occasion another student made an offensive and harassing remark to another about rape, the lawsuit alleges.
Also at issue are the locker rooms, which the ACLU says are designated for boys or girls. The setup at Platte County High led to the teenager putting off her physical education classes, according to the lawsuit.
At the time of the alleged discrimination, the lawsuit says R.F. had socially transitioned to female and was taking prescription hormone blockers. Because the teenager has a diagnosed medical condition, and because of constitutional civil rights protections, the ACLU contends she was discriminated against based on the basis of sex and disability.
Named as defendants are the school district as an entity and the seven elected members of the school board.
In an emailed statement, Superintendent Jay Harris said district officials were made aware of the lawsuit Monday. He said the district was “in the early stages of evaluating the legal claims.”
“The District’s focus is, and has always been, providing a safe and caring environment for all students,” Harris said. “We plan to provide additional information soon.”
Remedies sought under the lawsuit include a declaratory judgment against the Platte County district, stating its policies amount to discrimination based on sex and disability and violated the teenager’s rights under Missouri laws. Also sought are compensatory and punitive damages.
Gillian Wilcox, the deputy director of litigation for the ACLU’s Missouri chapter, said the school is prohibited under state law “from discriminating against the people it is supposed to protect.”
“Forcing transgender students to use the bathroom or locker room that matches their sex designated at birth is not only discrimination but dangerous and causes serious harm to Missouri’s youth,” Wilcox said in a statement.
