The pushing and shoving has begun in the discrimination lawsuit filed in Federal court this week against Kenosha Unified by a 16-year-old transgender student named Ashton Whitaker. Whitaker was designated a girl on the birth certificate but now identifies as a boy. Kenosha Unified was recently made aware of the lawsuit. The District and its legal counsel are reviewing the complaint and all of the allegations asserted in the complaint.
In an e-mail to WGTD, Kenosha Unified spokesperson Tanya Ruder said that even a cursory review of the complaint shows that some of the factual allegations are patently false. According to the suit, Whitaker claims that, among other things, he has to wear a green wristband so staff can easily monitor his bathroom use. Ruder said that the District does not have a practice---or policy---requiring any student to wear a wristband for monitoring any purpose---or---for any reason whatsoever. The lawsuit also claims the district is illegally denying him access to boys’ restrooms. Ruder added that the District has worked diligently with transgendered students and their families to address their unique needs and accommodations---including Whitaker.
Last week a Kenosha School Board committee recommended approval of a new policy on transgender bathroom use that was designed to minimize the district’s risk of being sued. The proposed policy—which puts in writing what already is in place—directs transgender students to first consult with building principals and counselors. While the policy doesn’t prohibit bathroom choice for transgender students, it doesn’t specifically allow it, either. An attorney who represents the district said at a meeting last week that Kenosha Unified is trying to avoid arousing the Office of Civil Rights. The federal agency recently issued a directive strongly suggesting that transgender students be allowed to use the bathroom of their choice.
Kenosha Unified's attorney, Ron Stadler, said, "The District is confident that when the litigation process establishes accurate fact--- and---applies them to the proper legal standards---its policies and practices will be found to be in total compliance with all laws."
(Ash Carter photo credit: www.spectatornews.com)