A Denver Public Schools parent has sued the district over its policy allowing teachers to display Progress Pride flags in their classrooms, saying LGBTQ+ flags âdiscriminateâ against his straight, cisgender, white children.
Nathan Feldman, whose children attend Slavens School in southeast Denverâs Wellshire neighborhood, on Nov. 10 filed the federal suit in the U.S. District of Colorado that states DPSâ policy supporting LGBTQ+ students is ânot inclusive of all studentsâ or of his children, who are âheterosexual, Caucasian, and/or binary/âcisgender.'â The lawsuit comes after his unsuccessful attempts to have what he described as a âstraight prideâ flag displayed in his childrenâs classrooms.
The lawsuit alleges Feldman and his children have âsuffered irreparable harm directlyâ because of the districtâs policy, and it seeks an injunction stopping the district from enforcing the policy that prohibits the straight flag display and a declaratory judgment on the unconstitutionality of the policy.
The lawsuit also seeks $3 million in punitive damages from Slavens School Principal Kurt Siebold, DPS Director of Operations Christina Sylvester, and DPS family constituency specialist Katherine Diaz, who are named individually in the lawsuit as well as the district, the DPS school board, Superintendent Alex Marrero and two of Feldmanâs childrenâs teachers.
According to the lawsuit, Feldman asked the district to display a flag he described in an email as a âstraight prideâ flag, a black and white striped flag with a linked male and female gender sign on it, in front of his childrenâs classrooms to include them, but the district did not respond to his request.
âEach day at school, (Feldmanâs children) are exposed dozens, if not hundreds, of âProgress Pride Flagsâ that DPS officials have strung throughout the Slavens School classrooms and halls as a means of expressing and promoting DPSâ favored viewpoint on the topic,â the lawsuit states. âDue to the fact that (Feldman and his childrenâs) views differ, (Feldman and his children) simply requested to have their views expressed, as well. But DPS has refused, and continues to refuse, to permit (Feldman and his childrenâs) speech or expression to even exist in its schools.â
Feldman first raised his concerns about pride flags to the district Oct. 6, 2022, according to the lawsuit, after he attended a school event and saw Progress Pride Flags displayed in front of classrooms.
He asked his childrenâs teachers about the flag displays because âPride Flags are not inclusive of all Slavens School students and only represent one viewpoint on the topic of sex,â and if he could have the straight pride flag displayed as well.
Neither teacher responded, so he sent a follow-up email that Siebold answered, explaining district policy that supports teachersâ right to display a rainbow flag or any other sign of support for LGBTQ+ students.
The lawsuit alleges Sieboldâs response and DPS policy âconfirmsâ the district âdoes not allow students or staff to speak or express support for students or staff who are not members of the LGBTQIA+ community.â
Siebold later allegedly sent an email that stated, in part, âDPS doesnât allow for other flags,â according to the lawsuit.
Feldman went back and forth with DPS officials and school administrators and faculty, saying the use of the pride flags and alleged non-allowance for other flags violates the 1st and 14th Amendments to the U.S. Constitution.
He also sent an email to Sylvester, stating heâd like to âfollow [Diversity, Equity, and Inclusion policies] to display a straight pride flag with 2 gender symbolsâ in front of his childrenâs classrooms.
He met with Siebold and Diaz in January, where Diaz allegedly said, ââsexual orientation, gender identity and race protections only apply to homosexuals, people of color, and trans people.â
Feldman claims, according to the lawsuit, straight, white, cisgender people should âbe members of protected classes or protected against discriminationâ because those are parts of sexual orientation, race and gender identity.
Feldman and his children are being represented by Michael Yoder and Chad LaVeglia, two Washington D.C.-based attorneys.
DPS Director of External Communications Scott Pribble said as of Monday the district had not been served the lawsuit, but even if they had could not comment on pending litigation.
I donât have to imagine, mineâs just as bad. Which is pretty scary since Iâm closeted nonbinary, a pagan, and canât move out for another yearâŠ
Iâm worry to hear that, it sounds like a really difficult situationâŠ
Unrelated, but nice username!
Yeah⊠Itâs been pretty tough. Iâve had problems with depression and self-harm, but itâs starting to get better now that Iâve found a couple close, supportive friends and am going off to university next year.
If it helps, I know a few people who grew up in a similar situation and every single one of them has gone on to build a better life, on their own terms, filled with people who gave them everything their family never did.
Sorry to hear that, friendâŠ
Wishing you all the best đ Things may suck rn, but a year goes by quick. Just hang in there, and youâll be free before you know it
Fuck shitty parents