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Marshall Public Schools approves settlement in flag lawsuit

Photo by Deb Gau Attorney Trevor Helmers met with members of the Marshall School Board on Monday, and presented a settlement agreement in the lawsuit filed against Marshall Public Schools in connection with a rainbow LGBTQ pride flag displayed at Marshall Middle School. Board members approved the settlement agreement, which includes a condition that the flag display at MMS be taken down.

MARSHALL — Members of the Marshall School Board approved a settlement agreement in a federal lawsuit over a rainbow LGBTQ pride flag hung in the Marshall Middle School cafeteria last year.

In a statement released Monday afternoon, Marshall Public Schools said the district doesn’t admit any wrongdoing in the case, and no money will be paid to the concerned citizens group suing the school district. However, as part of the conditions of the agreement, the district will take down the rainbow flag and other flags in the cafeteria.

The lawsuit was filed in April, roughly a year after Marshall residents attended packed school board meetings to speak both for and against the rainbow flag being displayed. The LGBTQ pride flag was part of a larger display, along with flags of different nations — including the United States — representing the backgrounds of MMS students.

The lawsuit alleged the school district’s policies on flag displays weren’t “viewpoint neutral.” It also claimed that the district had violated the First Amendment rights of a student, by confiscating his petition to take down the rainbow flag.

However, in the terms of the settlement approved Monday, the group suing MPS agrees to drop its claims, and the school district asserts that it has followed the law. In addition, MPS agrees to take down the flag display, and add new language to its school board policies saying students may circulate petitions on school property if the petition does not disrupt school activities like class.

The school board released a statement at Monday’s meeting saying MPS “has placed an emphasis on ensuring that our students feel safe and accepted, and that all students know that bullying or harassment will not be tolerated.”

“If there is any good that has come out of this controversy, it is that our LGBTQ students know that they are welcome, safe and supported in our schools, and this will not change,” the statement said.

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