Gay Books to Remain on High School Library Shelves; Barron, Wisconsin Lawsuit Settled

October 8, 1999

On October 8, 1999, the American Civil Liberties Union of Wisconsin announced that the plaintiffs it represents and the Barron Area School District have agreed to a settlement in the plaintiffs' federal lawsuit challenging the District's removal of four books on gay themes from the Barron Area High School Library.

In papers filed at the United States District Court for the Western District of Wisconsin in Madison, the parties agree that all the books on which the School Board took action at its December 21, 1998 meeting will remain on the shelves of the Barron Area School District High School Library and may not be removed or censored based on their content.

The four books in questions all have gay related themes. They are two works of fiction The Drowning of Stephan Jones by Bette Greene and Baby Be-Bop by Francesca Lia Block, and two non-fiction works When Someone You Know is Gay by Susan and Daniel Cohen and Two Teenagers in Twenty edited by Ann Heron.

ACLU of Wisconsin's Executive Director, Christopher Ahmuty, praised the parties today, for "removing any doubt about the acceptance of lesbian and gay students at the Barron Area High School. While removing the books violated students' rights to receive information, it also undermined the efforts of the District to provide a secure safe environment for all students. Now this settlement restores not only the books to the library shelves, but also the District's credibility and good name. This is a win win situation for all the interests involved: the plaintiffs, the Constitution, straight as well as lesbian and gay students in Barron and throughout Wisconsin, the District and Board, and the good people of Barron, Wisconsin."

ACLU of Wisconsin volunteer attorney Anat Hakim from the Madison office of the law firm of Foley and Lardner said, "The Supreme Court has previously said that it is unconstitutional to deny students access to protected speech simply because those in charge do not agree with the content of that speech. The agreement reached in the Christenson case protects and reinforces the First Amendment rights of students."

History of case. Following a complaint from Karen Williams, a parent of a former Barron High School student, in April 1998, the District began review process. On August 13, 1998 the Reconsideration Committee made up of citizens and educators voted to retain all four books. However, on appeal the District Administrator Defendant Vita M. Sherry overturned the Reconsideration Committee's decision to retain Baby Be-Bop and When Someone You Know is Gay. In an August 24, 1998 Dr. Sherry wrote that When Someone You Know is Gay expressed a viewpoint that "does a disservice to Barron's religious community." On September 21, 1998 the Board voted to remove the two remaining books as well. Ultimately on December 21, 1998 the Barron Area School Board reconsidered decisions regarding all four books. The Board voted to return Two Teenagers in Twenty and When Someone You Know is Gay to the library shelves only until replacements could be found. Baby Be-Bop and The Drowning of Stephan Jones remained off the shelves and unavailable to patrons.

On February 16, 1999 the ACLU of Wisconsin filed a complaint on behalf of the plaintiffs in the United State District Court in Madison, Wisconsin. Judge Barbara Crabb received the case, captioned Christenson, et al. V. Barron Area School District et al. The Plaintiffs alleged that a substantial factor in the Defendants' decision to remove the books in question was a disapproval of the perceived content and viewpoint of the books, in particular the books' discussion of homosexuality with a focus perceived to encompass religious and moral beliefs different from those of the Defendants. They alleged the Defendants' decision thus violated the free speech provision of the First Amendment to the United States Constitution. On February 26, 1999 the parties entered into a Stipulation and the Court signed an Order that the Defendants return Baby Be-Bop and The Drowning of Stephan Jones to the shelves of the library and that the books remain there for the pendency of the lawsuit. Now the parties have agreed to settle this case.

Plaintiffs. The plaintiffs include six students Katherine A. Christenson, Jolene Wigchers, Ben Wigchers, Abberlyn Morris, Benjamin Bolopue, and Ryan Hilke, and three parents of the students who were minors, Bonnie Christenson, Maureen Wigchers and Bonnie Burke.

Volunteer Attorneys. The ACLU of Wisconsin's volunteer attorneys in this case are David Harth, Anat Hakim and Lynn Spitlek of the Madison office of the firm of Foley and Lardner.