North Carolina school district banned an LGBTQ+ trivia game. The ACLU is suing

The American Civil Liberties Union of North Carolina, on behalf of a student, has filed a lawsuit against the Cleveland County Board of Education and the school district's superintendent, alleging they violated students’ constitutional rights by prohibiting a trivia game about LGBTQ+ figures at Shelby High School’s Activism Club.

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Filed last month in U.S. District Court for the Western District of North Carolina, the lawsuit claims the board’s actions infringed on students' rights to free speech, freedom of association, and equal access to school resources. The district allegedly blocked the activity out of concerns about its legality under North Carolina’s Parents’ Bill of Rights, arguing it violated district policies.

“It is longstanding law that students do not shed their constitutional rights at the schoolhouse gate, and school officials cannot prohibit student speech simply because they disagree with its message or find it uncomfortable,” Ivy Johnson, ACLU of North Carolina staff attorney, said in a press release. “Acknowledging that LGBTQ+ people exist is not inappropriate or indecent.”

The Charlotte Observerreached out to school administrators, including Cleveland County Superintendent Stephen Fisher, school board Chair Joel Shores, and Vice Chair Aaron Bridges; however, none responded to requests for comment.

The lawsuit states the trivia game contained no depictions of sex, violence, or illegal activities. Instead, it asked students to identify figures such as Harvey Milk, Lady Gaga, and Ellen DeGeneres as well as media featuring LGBTQ+ characters or actors. However, the school board deemed the game “indecent,” according to the suit.

Shelby High School’s Activism Club, a student-founded organization, previously covered topics such as the Black Lives Matter movement, the war in Gaza, Women’s History Month, suicide prevention, and breast cancer awareness. Participation is voluntary, and students receive no grades or academic credit, per the lawsuit. While the school board had never prohibited any club activities before, it did require parental permission for some discussions.

The trivia activity was first proposed last spring and approved by the club’s faculty adviser. However, when the school principal sought Superintendent Fisher’s approval, Fisher balked. According to a demand letter the ACLU sent to Fisher and the school board in December, the request was denied, and the game was prohibited again when students revisited the idea in the fall.

Fisher cited concerns over North Carolina’s Senate Bill 49, the Parents’ Bill of Rights, which passed in August 2023 and prohibits instruction on gender identity and sexuality in grades K-4. But, the law does not apply to high schools.

The ACLU holds that the district's justification is inconsistent. Initially, Fisher cited two district policies: one governing instructional materials related to the school curriculum and another regarding the distribution of non-school materials. “The school district’s reference to both policies appears contradictory,” the ACLU wrote in the letter. “Either the district believes the Activism Club is related to the curriculum and subject to the instructional materials policy, or that it is non-curricular and subject to the non-school materials policy. The school district has not explained which provisions of which policy provided the real basis for its decision.”

A school district attorney responded to the ACLU on January 20, stating the game was deemed “indecent based on community standards, inappropriate for display considering the age of students, and encouraged the violation of school regulations.” The response specifically cited a portion of the trivia game mentioning an individual “expressing her bisexuality” and song lyrics referencing cigarettes.

Standing district policy allows prohibition of non-academic materials only if they are “lewd or obscene,” include libelous statements, contain abusive language or personal attacks, pose a significant disruption to school activities, encourage unlawful behavior, are inappropriate for certain age groups, contain inaccuracies, or promote products illegal for minors. Soon the court will determine if the district's actions line up with its policies.