Another employee spotted books on Theis’s desk including “He is He,” “She is She,” and “Johnny the Walrus.” He used the covers as decorations in his workspace. Here are the covers that were included in the complaint:
As noted by College Fix, Amazon.com describes the book “She is She” as a work that “explores what it means to be female…and love it!
The appearance of the covers on his desk triggered a co-worker:
“an employee at one of Mr. Theis’ schools saw the covers of the Books and complained that they were “transphobic.” IMESD labeled the display as “a hostile expression of animus toward another person relating to their actual or perceived gender identity” and ordered Mr. Theis to remove them. IMESD then warned him that “further conduct of this nature” may result in discipline, including termination of his employment. But Mr. Theis’ display of the Books caused no disruption. Indeed, not one student or school staff member had even commented about the Books to Mr. Theis since he began displaying them. The school principal even told Mr. Theis that he did not consider the Books to be offensive or inappropriate.”
The district defines “Bias incident” as a “person’s hostile expression of animus toward” another “person’s perceived … gender identity[.]”
However, the standard and underlying process of what constitutes such a violation is vague. There is no required showing of an impact on a group or any identifiable individual.
The district rules allow employees “to decorate their offices with personal items including paintings, photos, quotes, books, and even posters or statements that convey political messages.”
The complaint notes that other employees have decorated their spaces with political material as well as material supporting alternative views of gender. These include pride symbols and material. However, Theis was denied the same privilege.
This was the space and the covers that were found triggering and unacceptable:
The lawsuit claims that the district is maintaining a discriminatory Speech Policy that allows expression of support for alternative views of gender while forbidding express support for a biological view. The resulting censorship is being challenged under the First and Fourteenth Amendments to the United States Constitution. Theis is seeking a preliminary injunction.
We have not heard from the district, so this is obviously only one side of the dispute. However, if true, this seems like a strong claim that could create a new and important precedent in favor of free speech.