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Attorney shares next steps in Mukwonago School District bathroom policy lawsuit

A Wisconsin federal court judge ruled in favor of an 11-year-old transgender girl in a lawsuit against the Mukwonago Area School District's bathroom policy.
Posted at 5:39 PM, Jul 07, 2023
and last updated 2023-07-07 18:39:08-04

The family suing the Mukwonago School District over a new bathroom policy is now waiting for the next steps from a federal judge, according to their attorney.

This week, Judge Lynn Adelman of the Eastern District granted a temporary restraining order prohibiting the school district from implementing its bathroom policy against an 11-year-old transgender girl.

"I understand she was very happy to hear that. Bouncing in the backseat," said Alexa Milton, an attorney with Relman Colfax.
The district's school board approved its policy last month. It states, in part, students shall use restrooms "according to each student's sex assigned at birth."

The district also said it would allow exceptions on a case-by-case review in consideration of the "safety and privacy of all students."

Milton said the family now hopes the judge will approve a preliminary injunction to make sure the policy stays blocked while the lawsuit is pending.

"I think she really had a good experience at school up until these recent developments," said Milton.

In its own filing, the district said an injunction isn't necessary, citing "reasonable solutions to effectively address the present situation." It also said the school would ensure the student has "adequate educational, social, and emotional support."

According to the judge's order, the district superintendent told the student's mother she would be "required to use either the boys' bathroom or a gender-neutral bathroom at the school."

The judge found that providing "a gender-neutral alternative is not sufficient to relieve the School District from liability, as it is the policy itself which violates [Title IX]," according to the order.

Milton said their case is based on precedent. In 2017, a Kenosha high school student won a case to use the restroom of his choice.

"So there really isn't a question in our view what rights she has to the bathroom. That's already been settled," said Milton.

The Mukwonago School District told TMJ4 News it's not able to comment on active litigation. It referred us to information they've sent to district staff and families.

A link to that information is available here.

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