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Attorney launches probe into rainbow flag at MMS

Letter requests data from school district

MARSHALL — A Minneapolis attorney representing a group of Marshall citizens says he’s conducting an investigation over the LGBT flag hung inside the Marshall Middle School cafeteria.

Attorney Erick Kaardal said Thursday Marshall Public Schools isn’t being sued yet. He is requesting copies of policies, emails and other data from the school district, so concerns that students’ free speech rights are being suppressed can be investigated. He said interviews would also be part of the investigation.

“We believe we don’t have the whole story,” he said.

One of the things Kaardal also said will be investigated is whether the flag display involved some level of coordination between LGBT advocates and the middle school principal or faculty.

The formal request for the school data came in a letter dated March 5, which was also linked in a press release from the Thomas More Society. According to its website, the Thomas More Society is a not-for-profit law firm “dedicated to restoring respect in law for life, family and religious liberty.” Kaardal is a Thomas More Society special counsel.

Kristi Hastings, an attorney representing Marshall Public Schools, said the district couldn’t comment on the issue because of threatened litigation.

“The district is aware of the recent letter and data requests made on behalf of a group of residents related to the flag issue, although the district has not yet received the letter,” Hastings said Thursday. “The district is also aware of the threat of litigation by this group.”

Hastings said MPS wouldn’t allow the matter to impact the classroom, and would stay focused on providing the best education possible for students.

The law firm’s letter requests a long list of data, including copies of both district and school policies, recordings of school board meetings discussing the rainbow flag, and written communications with school district employees.

Specifically, the law firm wants to see copies of school district policies that grant Marshall schools the authority to adopt or change policies without school board approval; anti-bullying policies for both MPS and Marshall Middle School; policies regarding the public displays of flags of any kind; policies regarding political or petitioning activity of any kind; policies on student free speech activities; policies on inclusion of minority communities; and policies on displaying the rainbow flag, rainbow colored peace symbols, or “Proud to be an ally” rainbow posters or stickers.

The data request also asked for copies of the video recordings of school board meetings where the rainbow flag and student petitions were discussed, and a variety of communications including emails from teachers, students, parents, school board members, school district staff and administrators, going back to Aug. 1. The emails being requested include any communications about the rainbow flag, the student petition or locker displays, made to or from parents and students, school board members, Marshall Superintendent Scott Monson, Marshall Middle School Principal Mary Kay Thomas, middle school administrative support Abbie Boelter, and Marshall High School teacher Karrie Alberts. Alberts is the adviser for the high school’s Gay-Straight Alliance organization.

The data requests also include any emails related to “counter-petitioning” or political activities regarding the rainbow flag, student displays, or “Proud to be an ally” posters or stickers.

A display of flags, including U.S. and international flags and a rainbow flag representing lesbian, gay, bisexual and transgender students, was hung up in the middle school cafeteria this winter. The rainbow flag became the focus of controversy, with community members, parents and Marshall students packing school board meetings to speak both in support of and against the display.

At the Feb. 18 school board meeting, an eighth-grade student claimed he tried to circulate a petition about the rainbow flag, but the petition was taken away by middle school staff. The student also claimed that flag designs he and other students put on their lockers to represent them were taken down.

At the same meeting, attorney Bill Mohrman and the Rev. Don LeClere of the Evangelical Free Church in Marshall both called for Marshall Public Schools to develop a “viewpoint neutral” policy for displays. If the district did not, Mohrman said, it could face a lawsuit.

Kaardal, who also works with Mohrman, said he represented a group of concerned Marshall citizens led by LeClere.

In a Thursday press release, Kaardal said by denying other flags, the school district was imposing ideological beliefs on students.

“At the very least, it’s divisive and insensitive. It makes it appear that the school supports one group’s beliefs at the expense of others,” Kaardal said.

“Ironically, of course, the rainbow flag is most famous for being involved in protest, but now those advocating that symbol of protest will not tolerate the expression of opposing ideas,” Kaardal said.

The data request letter said a response from the school district was expected by March 18. However, Kaardal said there hasn’t been a lawsuit filed yet. If more legal action comes, it could be later this spring, he said.

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