USSN: Speaking Up

We applaud the school board majority and administration for seeking and providing programs to promote safety, respect and justice in our schools.
Through adversity, Novato became a leader in promoting diversity and inclusion. In 1999, the school board adopted the Equity Action Plan, a comprehensive plan to address intolerance and hate motivated behaviors. This was after several years of community soul searching due to hate crimes in our town and schools. Many were involved in this process.

In the spirit of this plan, two elementary schools agreed to host the play, "Cootie Shots” in 2001. Brought by Discovery Museum when they hosted a diversity exhibit for children, museum officials described the play as “an age appropriate way of addressing discrimination and prejudice among elementary aged kids.” The play was created by Fringe Benefits.

A small group of parents protested the inclusion of gay and lesbian issues, which they felt were not “age appropriate”. They then sued the district. The plaintiffs asked for a large sum of money, acknowledgment that in their view their rights were violated, and assurances it would not happen again. The Pacific Justice Institute of Citrus Heights, Ca. represented them. Shortly after the filing in December 2001, the Institute’s Chief Council, Brad Dacus, was quoted in the IJ describing the suit as “… the first in a major litigation campaign to combat school districts who attempt to undermine the statutory and constitutional rights of parents through the execution of AB 537 recommendations.” AB 537 is an expansion of the state’s anti-discrimination law and protects students and staff regardless of their actual or perceived sexual orientation or gender identity/expression. In February 2002, Mr. Dacus, referring to the implementation of AB 537, was quoted in the World Net Daily saying: “Districts will find it’s going to be extremely costly for them to continue in this manner.” Another attorney for the plaintiffs wrote the IJ and characterized “Cootie Shots” as a “gay agenda presentation”. One is left wondering if the issue isn’t “age appropriateness” but the inclusion of gay and lesbians in our diversity discussion. Considering the frequent use of anti-gay slurs, including in our elementary schools, as well as the playing of the playground game the kids call “Smear The Queer,” just when does it become “age-appropriate” to educate for safety and respect for this group?

The lawsuit languished for nearly 2 years, during which time an unhealthy climate of concern over additional lawsuits prevailed. Standing up for the positive actions of the schools became necessary. United for Safe Schools Novato (USSN) and Fringe Benefits then asked the court to intervene. The ACLU represented these groups. The judge ordered the school district and the plaintiffs to work with these groups. The plaintiffs and their attorneys did not respond to repeated requests to engage in dialogue. Only after this intervention and the judge's order did the plaintiffs decide to withdraw their suit.

These are public schools, and as such, must include and protect all in our community. The inclusion of different sexual orientations and gender identity does NOT make diversity education “sex education” and does not meet the criteria for use of opt-out forms. Nor does it make it inappropriate for elementary aged children. And, while we understand that some parents have differing views, we also know that as parents we do not get to pick and choose which protected group gets to be included in our lessons. The fact is our anti-discrimination laws provide that each designated group are to be equally protected and included.

It is regrettable that a small group of parents has cost the district precious money, $25,000 insurance deductible for legal costs, time and angst. For many years, the district has worked hard to overcome intolerance and hate. Most of us in Novato will continue to support these efforts through dialogue, education and positive involvement in our community. Our school district deserves credit and accolades, not litigation and fear of same.

Margaret Levine, Perry Newman, Annan Paterson and Lynne Wasley


	We applaud the school board majority and administration for seeking and providing programs to promote safety, respect and justice in our schools. Through adversity, Novato became a leader in promoting diversity and inclusion. In 1999, the school board adopted the Equity Action Plan, a comprehensive plan to address intolerance and hate motivated behaviors. This was after several years of community soul searching due to hate crimes in our town and schools. Many were involved in this process. In the spirit of this plan, two elementary schools agreed to host the play, "Cootie Shots” in 2001. Brought by Discovery Museum when they hosted a diversity exhibit for children, museum officials described the play as “an age appropriate way of addressing discrimination and prejudice among elementary aged kids.” The play was created by Fringe Benefits. A small group of parents protested the inclusion of gay and lesbian issues, which they felt were not “age appropriate”. They then sued the district. The plaintiffs asked for a large sum of money, acknowledgment that in their view their rights were violated, and assurances it would not happen again. The Pacific Justice Institute of Citrus Heights, Ca. represented them. Shortly after the filing in December 2001, the Institute’s Chief Council, Brad Dacus, was quoted in the IJ describing the suit as “… the first in a major litigation campaign to combat school districts who attempt to undermine the statutory and constitutional rights of parents through the execution of AB 537 recommendations.” AB 537 is an expansion of the state’s anti-discrimination law and protects students and staff regardless of their actual or perceived sexual orientation or gender identity/expression. In February 2002, Mr. Dacus, referring to the implementation of AB 537, was quoted in the World Net Daily saying: “Districts will find it’s going to be extremely costly for them to continue in this manner.” Another attorney for the plaintiffs wrote the IJ and characterized “Cootie Shots” as a “gay agenda presentation”. One is left wondering if the issue isn’t “age appropriateness” but the inclusion of gay and lesbians in our diversity discussion. Considering the frequent use of anti-gay slurs, including in our elementary schools, as well as the playing of the playground game the kids call “Smear The Queer,” just when does it become “age-appropriate” to educate for safety and respect for this group? The lawsuit languished for nearly 2 years, during which time an unhealthy climate of concern over additional lawsuits prevailed. Standing up for the positive actions of the schools became necessary. United for Safe Schools Novato (USSN) and Fringe Benefits then asked the court to intervene. The ACLU represented these groups. The judge ordered the school district and the plaintiffs to work with these groups. The plaintiffs and their attorneys did not respond to repeated requests to engage in dialogue. Only after this intervention and the judge's order did the plaintiffs decide to withdraw their suit. These are public schools, and as such, must include and protect all in our community. The inclusion of different sexual orientations and gender identity does NOT make diversity education “sex education” and does not meet the criteria for use of opt-out forms. Nor does it make it inappropriate for elementary aged children. And, while we understand that some parents have differing views, we also know that as parents we do not get to pick and choose which protected group gets to be included in our lessons. The fact is our anti-discrimination laws provide that each designated group are to be equally protected and included. It is regrettable that a small group of parents has cost the district precious money, $25,000 insurance deductible for legal costs, time and angst. For many years, the district has worked hard to overcome intolerance and hate. Most of us in Novato will continue to support these efforts through dialogue, education and positive involvement in our community. Our school district deserves credit and accolades, not litigation and fear of same. Margaret Levine, Perry Newman, Annan Paterson and Lynne Wasley
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