Judge denies motion to dismiss teachers’ lawsuit against Hollidaysburg Area School District
Two teachers allege LGBTQ discrimination in lawsuit
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A federal judge denied the Hollidaysburg Area School District's motion to dismiss a lawsuit filed by two district teachers alleging LGBTQ discrimination by the district's display policy.
The district, Superintendent Curtis Whitesel, Junior High School Principal Dale McCall and Director of Human Resources Ben Caldwell -- who are the named defendants in the suit -- filed the motion Wednesday seeking dismissal with prejudice, claiming a failure on the plaintiffs' part to substantially back the discrimination and Title IX violations alleged in their lawsuit.
The motion states that the display policy "equally prohibits decor advocating for or against LGBTQ+ messaging," and that the teachers have not experienced any "adverse employment action taken against them" since being asked to remove any decor in their classrooms that was deemed in violation of Policy 321.1.
U.S. District Judge Stephanie Haines denied the motion Thursday without prejudice. The ruling states that motions to dismiss must identify "good faith efforts" by the defendants to come to an agreement with the plaintiffs. No such statement was included by the defendants in their motion Wednesday, which led to the request being "summarily denied," according to the judge's ruling.
The judge also ordered the district and named officials to meet with the two teachers, named Jane Doe and Jane Roe in the lawsuit, within two weeks.
The teachers would be able to file an amended complaint on or before Sept. 10 or the defendants could refile a motion to dismiss with the required documentation by the same date.
Haines also ordered the defendants to respond within 14 days to the plaintiffs' motion to remain anonymous through the duration of proceedings. In their motion, the teachers stated they feared retaliation or harassment if their identities were made public.
The defendants had not responded to the motion within the originally ordered timeframe and Haines wrote that the court "will not tolerate continued failure to follow its orders."
According to the original lawsuit, Policy 321.1 prohibits "any flag, banner poster, sign, sticker, pin, button ... or other similar material that advocates concerning ... sexual orientation or gender identity," among other guidelines.
The lawsuit claims that the policy was enforced against LGBTQ expression and often ignored when it came to religious symbols or expression.
The plaintiffs are seeking a jury trial and requesting in excess of $150,000 each in damages and coverage for legal fees. They also request the district be required to conduct Title IX training districtwide and that all employees within the district be required to undergo LGBTQ+ sensitivity training.