The policy implemented by Charlotte County Public Schools, which bans books featuring LGBTQ+ characters and themes from school libraries, curricula, and classrooms, is facing legal challenges. Critics argue that this policy violates the First and 14th Amendments of the U.S. Constitution by restricting students' access to such materials for independent reading or class projects.
ARAY President Hal Trejo emphasized the importance of representation in schools: “All Charlotte County students deserve to be seen and represented in schools,” urging the district to reconsider its stance for a more inclusive environment.
The school district justifies the ban under Florida's "Don't Say Gay" law, which prohibits classroom instruction on gender identity and sexual orientation. However, the state attorney general has clarified that this law does not mandate the removal of books from libraries simply because they include LGBTQ+ content.
Organizations like ARAY and PFLAG Port Charlotte have attempted to engage with the district to highlight how their policy exceeds the state's legal requirements. Despite these efforts, there has been no acknowledgment of potential wrongdoing by the district or steps taken to mitigate negative impacts on LGBTQ+ students and families.
Sam Boyd, senior staff attorney at SPLC, stated: “The district’s ban on LGBTQ+ content is precisely what the drafters of the 'Don’t Say Gay' law and other harmful anti-LGBTQ+ laws wanted but knew they couldn’t legally require: to erase LGBTQ+ people from schools entirely.” He further called for an end to what he described as a violation of federal and state laws.
In response, ARAY and PFLAG Port Charlotte are circulating a petition demanding an immediate end to this book ban policy. The petition also seeks clear guidelines regarding LGBTQ+ materials and aims to establish policies ensuring safety for LGBTQ+ students, faculty, and staff.
Patrick Eaton, president of PFLAG Port Charlotte, criticized the county's approach: “We need clarification in writing regarding Charlotte County's stand on book banning and censorship... Banning books with a wide brush shows a blatant disregard for individuals and families affected.”
Both organizations advocate for collaboration with educational authorities to protect teachers, students, and families during this period of increased censorship.