WTO Scores First Amendment Win in Banned Book Case

WTO, along with ACLU-Colorado, landed a victory for students, parents, and groups suing the Elizabeth School District after the school board removed 19 books from school libraries. 

The U.S. District Court for the District of Colorado granted a preliminary injunction on March 19 in favor of our clients, ordering that the district return all the removed books to the libraries and refrain from removing any additional books based on the district’s or school board’s political or religious views. The banned books primarily feature people of color or LGBTQ individuals. 

The court concluded that the school district’s actions were likely “blatantly unconstitutional” under both the Colorado and U.S. Constitutions, applying multiple First Amendment frameworks used in the public school context.

WTO’s team includes Craig May, Tom Dec, Celyn Whitt, and Kendra Sendler Kumor.

Media including The Denver Post, Bloomberg Law, and FOX31 Denver covered the order.

Read more in the ACLU of Colorado announcement here.

Wheeler Trigg O’Donnell lawyers have taken more than 1,100 trials and arbitrations to verdict or award and 300 appeals to opinion all across the nation, with exceptional results for our clients. Established in 1998, WTO today numbers more than 110 trial lawyers and litigators. The firm represents sophisticated clients in high-stakes civil trials, appeals, and related litigation ranging from complex commercial to class actions to catastrophic torts.