Fond du Lac County District Attorney Eric Toney, a candidate for attorney general, called on April 12 for current Attorney General Josh Kaul to take action regarding a federal lawsuit involving the New Richmond School District’s bathroom policy.
Toney said the issue is important because it concerns the rights and privacy of high school girls. He criticized Kaul for not addressing the situation publicly. “Josh Kaul needs to wake up, get off the sidelines, and fight to protect girls’ bathrooms in New Richmond. This is common sense and Kaul’s silence is another example of his failed leadership in protecting Wisconsinites,” wrote Toney.
The comments follow a federal lawsuit filed by high school student Ella Frei, a parents’ group called New Richmond Parents for Strong Schools, and the Wisconsin Institute for Law and Liberty (WILL). The plaintiffs allege that the district’s bathroom policy violates Title IX of the Education Amendments of 1972 by allowing biological males into girls’ bathrooms. WILL stated that it represents both parents and female students who are seeking an end to this policy as well as recognition that their civil rights were violated.
School board member Ben Engelhart previously said that administrators are permitting biological males access to girls’ bathrooms at New Richmond High School. His remarks came after parents and community members voiced concerns at a contentious board meeting on January 29.
The broader implications of this case could affect how schools across Wisconsin interpret Title IX protections related to gender identity and student privacy policies.



