Teacher Fired for Criticizing 'Rainbowland' Song Ban Sues School District
A teacher who was fired this summer after criticizing a Wisconsin school district's decision to stop students performing "Rainbowland" has filed a First Amendment lawsuit.
Melissa Tempel filed the federal lawsuit against the Waukesha School District and Superintendent James Sebert on Tuesday, the first day of classes for the district.
Her lawsuit claims she was retaliated against after she exercised her rights under the First Amendment by tweeting and speaking with the media earlier this year.
"I am devastated that I am not returning to school today," Tempel said in a statement. "I am a life-long educator and I have missed my students since I was forced on administrative leave in April. To be preparing for a lawsuit instead of for the first day of school has been very difficult for me."
"We've learned of this development through the media reaching out to us," Sebert told Newsweek. "We will work with our legal counsel on our next steps."
After administrators decided to stop a first-grade class at Heyer Elementary School in Waukesha from performing the Miley Cyrus and Dolly Parton duet promoting LGBTQ+ acceptance for their spring concert, Tempel took to social media.
"My first graders were so excited to sing Rainbowland for our spring concert but it has been vetoed by our administration. When will it end?" Tempel wrote on X, then known as Twitter, on March 21.
The post quickly went viral and gained national media attention. Days later, the school district said in a statement that the school's principal and an administrator had determined the song could be deemed "controversial" under the district's Controversial Issues in the Classroom policy.
Tempel told Newsweek recently that she believes the song was banned because it references rainbows—a well-known symbol of the LGBTQ+ community.
The school board unanimously voted to fire Tempel on July 12, upholding Sebert's recommendation for termination.
In a statement, the district said the decision was "not about any particular song, that may or may not have been selected for a concert, but the process by which an employee goes about expressing their concerns in a productive manner in accordance with Board Policy."
Tempel's lawsuit argues that she had spoken out "as a private citizen, during her off-duty time, against the District's application of its Controversial Issues in the Classroom Policy."
The district and Sebert had violated Tempel's First Amendment rights by "retaliating against her for engaging in protected speech," the lawsuit says.
Tempel is requesting a jury trial.
She is seeking an order declaring that the Waukesha School District and Sebert violated her right to freedom of speech under the First Amendment, an order reinstating her to her former position or an award for lost wages. She is also seeking an award of compensatory and punitive damages, and any further relief the court "deems just and equitable."
"Schools in Wisconsin are already facing a teacher shortage crisis," Summer Murshid, Tempel's attorney, said in a statement.
The school district and Sebert "must be held accountable for the action taken against Ms. Tempel, not only for Ms. Tempel's sake, but for the sake of all educators who will see what happened to Ms. Tempel and choose not to speak for fear of losing their own jobs."
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
");jQuery(this).remove()}) jQuery('.start-slider').owlCarousel({loop:!1,margin:10,nav:!0,items:1}).on('changed.owl.carousel',function(event){var currentItem=event.item.index;var totalItems=event.item.count;if(currentItem===0){jQuery('.owl-prev').addClass('disabled')}else{jQuery('.owl-prev').removeClass('disabled')} if(currentItem===totalItems-1){jQuery('.owl-next').addClass('disabled')}else{jQuery('.owl-next').removeClass('disabled')}})}})})
ncG1vNJzZmivp6x7r7HWrK6enZtjsLC5jq2cmpuYmr9ussirnJ1lopa2r67OsKOappRiwLax0maqnKCfpLlusMisq6uhk6l6coSRbXBubA%3D%3D