The Elizabeth School District in Colorado is actively fundraising to cover legal fees connected to a lawsuit regarding the removal of library books deemed controversial. The district, which serves approximately 2,700 students southeast of Denver, is collaborating with conservative groups, including one led by former Republican gubernatorial candidate Heidi Ganahl, to defend itself against allegations of violating free speech protections.
The American Civil Liberties Union (ACLU) of Colorado filed the lawsuit in December 2023, challenging the school board’s decision to remove 19 books from its libraries. These titles, which include works by and about LGBTQ individuals and people of color, have been reinstated to the shelves following a court order. The ongoing legal battle has prompted the school district to seek public donations to support its legal costs, a move that has sparked mixed reactions from the community.
The fundraising initiative is unusual for a school district, typically reliant on donations for classroom supplies or extracurricular activities. The district’s donation page invites contributions ranging from $250 to $10,000, framed under the heading “Save Elizabeth School District.”
Details concerning the district’s legal expenditures remain unclear. Officials have not disclosed how much has been spent on the lawsuit since its filing, and public records indicate modest payments to two law firms, totaling approximately $6,500. Furthermore, the district has allocated around $57,000 to another firm, Miller, Farmer, Carlson Law, which also handles routine matters for the district while being involved in the book removal case.
A diverse coalition of plaintiffs, including two students from the district, a chapter of the NAACP, and the Authors Guild, argues that the removal of these books infringes on both federal and state free speech rights. Works such as Toni Morrison’s “The Bluest Eye,” Khaled Hosseini’s “The Kite Runner,” and “It’s Your World — If You Don’t Like It, Change It” by Mikki Halpin were among those removed.
The district maintains that the books were taken out due to concerns regarding their appropriateness for students, citing issues such as graphic violence and explicit content. In a text message, Dan Snowberger, the district’s superintendent, expressed his belief that the lawsuit represents a significant challenge for a small rural district facing an organization like the ACLU. He emphasized the district’s commitment to protecting educational opportunities for its students.
Community opinions on the book removals and the fundraising efforts are divided. Supporters of the district argue that the removal of certain books is justified, citing graphic content that they believe is unsuitable for students. Conversely, some residents, like Jessica Capsel, question the priorities of district officials. Capsel, who previously switched her child from the district, expressed concern over the time and resources allocated to the lawsuit rather than focusing on education.
Responding to the controversy, Tim Macdonald, legal director of the ACLU of Colorado, clarified that the organization did not initiate the lawsuit but acted in defense of students and families advocating for their constitutional rights. He stated, “Fighting for the constitutional rights of students in Colorado is how we protect children; violating their constitutional rights is not protecting children.”
The fundraising efforts have also garnered support from various conservative organizations. Citizens Defending Freedom, based in Florida, recently hosted a fundraiser titled “Protect Our Children” in Colorado Springs, contributing ticket proceeds to support the district’s legal fees.
As the legal battle continues, the Elizabeth School District remains focused on its defense against the lawsuit while navigating the financial implications of its fundraising efforts. The outcome of this case could have significant ramifications for free speech rights and educational policy in school systems across the country.
