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Doe v. Volusia County School Board

Case Concerning Restroom Access for Transgender Students

Key Date: April 4, 2018
Status: Headed to Trial in 2018
Legal Team: NCLR & Private Counsel
Type: Discrimination Targeting Transgender Students

Case Overview:

Doe v. Volusia County School Board is a case concerning discrimination based on gender identity or expression in schools. A school in Florida is refusing to respect the gender identity of transgender students, including a young transgender male, identified as John Doe.

This case is about respecting transgender students for who they are and is a part of the growing legislative and legal momentum against restricting restroom access for transgender Americans.

The case is being led by private counsel, including Lauren Valiente and Christina M. Kennedy of Foley & Lardner LLP, and the National Center for Lesbian Rights.

Latest in the Case:

A three-day bench trial will be held in this case starting October 2, 2018, following a federal judge’s denial of the student’s motion for a preliminary injunction.

Case History:

  • January 19, 2018: Plaintiffs file the case on behalf of a transgender boy excluded from boys’ locker rooms and facilities because of his gender identity.
  • April 3, 2018: A hearing on the plaintiff’s Motion for Preliminary Injunction is held.
  • April 4, 2018: Judge Dalton denies the student’s Motion for Preliminary Injunction. saying Plaintiff “failed to carry the burden of persuasion to establish irreparable harm because: (1) the policy and conduct Plaintiff complains of has not changed since 2013, if not earlier; (2) the current school year ends on May 30, 2018, and at least two school years remain before Plaintiff is due to graduate; (3) Plaintiff has fulfilled the minimum physical education requirements for graduation; and (4) Plaintiff cannot participate in extracurricular sports that might require use of the boys’ locker room until his grades improve.”

Last Updated July 29, 2018

Initial Complaint

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