'Controversial' Sign Ban Could Restrict Waukesha Student Speech: ACLU

WAUKESHA, WI — Civil liberties advocates filed an open records request asking Waukesha's largest school district to share how it enforces its ban on political and controversial signs on school grounds.

The ACLU of Wisconsin filed an open records request with the School District of Waukesha on March 25, the nonprofit announced Thursday. The request asked for records on how district administration and individual schools practiced its ban on controversial or political signs after a district decision in the summer of 2021, according to the request.

Parents claimed district schools allowed pro-life signs, a 'Thin Blue Line' flag and a poster of Ronald Reagan taking down LGBTQ+ Pride flags, Black Lives Matter signs and Gay-Straight Alliance signs, the nonprofit said. If the district favored one set of views over another by restricting certain signs, it could violate students' First Amendment rights.

Depending on how the school district executes its ban on controversial signs, it could violate the Constitution and anti-discrimination laws, ACLU lawyer Chris Donahoe wrote in the request. Because the language of the ban is so vague, it could give administrators the power to pick and choose which messages to ban and allow.

The school district confirmed it received the request and would fulfill it, district superintendent Jim Sebert told Patch. The superintendent didn't comment on the ACLU's claim that the policy restricted student speech.

"Our goal has been to have neutral classrooms for teaching and learning by asking staff to remove items that could be construed as political, disruptive to the learning environment, or outside the scope of the curriculum," Sebert said. "We have reviewed our Board policies that speak for themselves across the District and created a new poster that highlights those policies and our commitment to all."

The district introduced the policy that prohibited "controversial" and "political" slogans in schools in July 2021, aligning with its policy on controversial issues in classrooms, the nonprofit said.

"It’s heartbreaking to see signs, symbols, and messages that celebrate students of color, LGBTQ+ students, and other diverse students being banned and removed from our schools," Waukesha Laura Pinsoneault said in a statement. "It sends the wrong message to students who deserve our affirmation and do not often see themselves represented in all facets of learning."

The school district board is committed to providing a safe environment for all of its students and not discriminate on race, sexual orientation or gender identity, or any type of disability, according to district policy.

Custodial staff took down posters promoting the rights of students with disabilities over winter break the directive to ban political signs went into effect, the Wisconsin Examiner reported. Other incidents, like a Waukesha teacher being suspended for having an LGBTQ+ flag in a classroom, have appeared in previous reports.