New Richmond Parents for Strong Schools and high school student Ella Frei filed a federal lawsuit against the New Richmond School District, alleging on Apr. 12 that the district’s bathroom policy violates the rights of high school girls under Title IX of the Education Amendments of 1972.
The case highlights ongoing debates about privacy, safety, and gender identity in schools. The plaintiffs argue that allowing students to use bathrooms based on their gender identity infringes upon the rights and privacy of female students.
According to the Wisconsin Institute for Law and Liberty (WILL), which represents the plaintiffs, “WILL represents the Association—which includes both parents and female students—seeking an end to the district’s policy and a declaration that the girls’ civil rights were violated by the district’s actions.” WILL Deputy Counsel Cory Brewer said, “Girls should feel safe at school and their privacy should be respected. New Richmond schools left parents and young girls no choice but to go to court and sue to end this ridiculous policy allowing biological boys into the girls’ bathroom. WILL is proud to represent this association of parents and students to bring an end to this destructive and dangerous policy.” High school junior Ella Frei added, “Protecting girls by not allowing boys in the girls’ bathroom shouldn’t be controversial—it should be common sense. We are not going to abandon our identity as girls or ignore the real privacy concerns the school district has forced on us.”
WILL stated that “the New Richmond School District has a policy allowing boys to use the girl’s bathroom based on a student’s personal feeling of ‘gender identity.’ The policy has resulted in at least one male being frequently present in the girls’ bathrooms with girls, causing anxiety, stress, and an invasion of personal privacy for the girls.” The association bringing suit consists of both current students and parents who are or were enrolled in New Richmond schools.
In its legal argument, WILL cited Title IX regulations: “Title IX… provides that ‘[n]o person in the United States shall, on basis of sex, be excluded from participation in… any education program or activity receiving Federal financial assistance.'” It also referenced implementing regulations permitting separate facilities by sex if they are comparable for each group. WILL said it seeks declarations that defendants’ actions violate Title IX as well as constitutional rights under the Fourteenth Amendment prohibiting sex discrimination.
Prior to filing suit, a statement from New Richmond School District given to Journal Sentinel read: “The safety and security of all our students is our top priority as a District, and we remain committed to ensuring that our students have best learning environment possible. The District also takes its legal obligations very seriously and has remained in compliance with all applicable laws in this area.”
