Saying the challengers didn’t have standing to bring the case, a federal judge threw out a lawsuit seeking to block Florida’s law banning the teaching of sexual orientation and gender identity in K-3 grades.
U.S. Judge Wendy Berger of Orlando previously dismissed the suit last year when it was brought by a group of students, parents and teachers, saying it didn’t include complaints of imminent harm caused by the law’s enforcement, but allowed the suit to be refiled. But the latest version, filed in October, had similar issues, U.S. Judge Allen Winsor of Tallahassee ruled.
“Despite some new factual allegations, the Second Amended Complaint still does not allege facts showing any concrete future harm that is fairly traceable to the law’s enforcement and redressable by an injunction prohibiting that enforcement,” Winsor stated in the ruling.
Winsor added that the complaint that books featuring LGBTQ characters or topics were removed from libraries in some school districts wasn’t a specific injury brought on the challengers to the law, and in any case couldn’t be remedied by striking down the law.
“Moreover, Plaintiffs have not alleged facts to show that the books’ removal was traceable to the law’s enforcement or redressable by an injunction precluding that enforcement,” Winsor wrote.
The Legislature, prodded by Gov. Ron DeSantis, passed the law (HB 1557) last year over objections from Democrats and LGBTQ advocacy groups. Those critics argued it targeted LGBTQ teachers, parents and students and dubbed it the “Don’t Say Gay” law. The group challenging the law, which took effect July 1, argued it violated the First Amendment’s protection of free speech, the Fifth Amendment’s guarantee of due process and the federal Title IX law.
In addition to the book removals, the complaint alleged School Boards across the state-imposed restrictions on anything that could be viewed as acceptance of LGBTQ people, including a ban on “safe space” stickers in Pasco, the removal of LGBTQ references in a school play and the rescinding of a resolution recognizing LGBTQ History Month in Miami-Dade.
But striking down the law banning LGBTQ instruction in schools wouldn’t necessarily reverse those policies, Winsor reasoned.
“Plaintiffs have not alleged facts showing that an injunction against the provision they challenge would be reasonably likely to lead to a change in Pasco County’s sticker policy,” Winsor wrote.
“They have not alleged facts to show a likelihood (rather than mere speculation) that enjoining a law regulating ‘classroom instruction’ would cause Pasco County to change a policy addressing something other than classroom instruction.”
Winsor summed up by noting mere disagreement with the law without a specific harm caused by its enforcement is not enough to overturn it.
“Plaintiffs have shown a strident disagreement with the new law, and they have alleged facts to show its very existence causes them deep hurt and disappointment,” Winsor wrote. “But to invoke a federal court’s jurisdiction, they must allege more. Their failure to do so requires dismissal.”
February 16, 2023 at 1:26 pm
GAY, GAY, GAY, GAY!
Does that trigger you rightwing snowflakes?
February 16, 2023 at 2:31 pm
No. Because that’s not what the law is about.
It’s about preventing groomers from indoctrinating our kids.
Does that trigger you?
February 16, 2023 at 3:47 pm
“It’s about preventing groomers from indoctrinating our kids.”
Well there it. The stupidest thing i’ve read all week.
Gay people exist. They live in your neighborhood, work with you, and interact with you every single day whether you know it or not. Kids these days are far more advanced in thought than you are, and can handle learning that gay people exist.
February 16, 2023 at 8:14 pm
I’m grooming away boy. Never had so much fun.
February 17, 2023 at 12:36 am
The only groomer is desantis once he tries to find some high schoolers lol
February 16, 2023 at 1:54 pm
Two Trump appointed judges dismiss homophobic policy even when admitting the plantiffs have evidence of harm stating its “not enough”. Nobody should be surprised.
February 17, 2023 at 4:27 am
They could have said that in the article to start with. Would have saved me a couple minutes reading time.
February 16, 2023 at 2:09 pm
To the left in general and all you twisted freak leftist leaning commenters here on FP in specific:
You all thought this was your big thing which you were going to have a glorious twisted big time judicial and sociatal transforming win for all you perves and groomers. Now dident you? Thought it was a slam dunk in your favor. Same with all your Wiley E. Coyote: Genius leftist plans, investigations, ect….
Why leftists, oh why, does everything you all touch turn to $#I+?
Why you ask? Its because you all are $#I+. Thats why.
February 16, 2023 at 2:42 pm
You sound like someone who watches TV all day and has never worked with a school system.
February 16, 2023 at 2:43 pm
Someone who can’t write a paragraph without three spelling mistakes shouldn’t bother commenting on education.
February 16, 2023 at 2:50 pm
Miss Grundy my 8th grade English teacher! How in the world are you old gal????
February 16, 2023 at 3:49 pm
You missed a comma.
Maybe you need to take Miss Grundy’s class again.
February 16, 2023 at 10:29 pm
People like you just need to die off, sad waste of human you are, do you self and everyone a favor and just end it. People like you are scum and diserved to be deleted from this world.
February 17, 2023 at 12:38 am
I’m not saying all republicans are pedophiles.
Just that most pedophiles vote Republican lol
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