Parents and students have filed a federal lawsuit against the New Richmond School District over a policy allowing biological boys in girls’ restrooms and locker rooms.
Parents and high school girls in the New Richmond School District filed a federal lawsuit Friday alleging that the district’s policy of allowing students to use bathrooms and locker rooms based on gender identity rather than biological sex violates federal law and the constitutional right to privacy.
The complaint, filed in U.S. District Court for the Western District of Wisconsin on behalf of New Richmond Parents for Strong Schools and several families, claims the policy has resulted in at least one biological male using girls’ bathrooms while female students were present. According to the complaint, some girls have experienced anxiety and discomfort, with a number avoiding restrooms and missing class time or lunch.
“The policy has resulted in at least one biological male being present in the girls’ bathrooms while biological girls were present, causing anxiety and stress for the girls,” the lawsuit states. One 15-year-old freshman, identified as A.D. in court documents, reported that a biological male lingered in the girls’ restroom, adjusted makeup and padding, and used a cellphone camera, which left her feeling fearful and unsafe.
When girls complained, the district directed them to distant single-stall bathrooms located in areas such as the nurse’s office or teacher lounge, which require passes and result in missed instructional time. The lawsuit also warns that the policy could extend to locker rooms, where students change clothes, exposing girls to the opposite sex in intimate settings.
The suit names the district as defendant and seeks a court order requiring bathrooms and locker rooms to be separated by biological sex. It also seeks damages and attorney’s fees. Plaintiffs include parents of current and former students, including a junior, Ella, who has spoken at school board meetings about feeling “uncomfortable, anxious, and embarrassed.”
The Wisconsin Institute for Law & Liberty, which is representing the families, said the policy unlawfully discriminates against girls under Title IX of the Education Amendments of 1972. That law prohibits sex-based discrimination in federally funded schools and expressly permits separate facilities based on sex.
“WILL is standing alongside brave girls like Ella who will not have their rights erased by absurd school policies that violate privacy and safety,” the group said in a statement accompanying the filing.
The lawsuit also alleges violations of the 14th Amendment’s due process clause, arguing that the policy infringes on the fundamental right to bodily privacy, especially for minor girls in school settings.
The controversy erupted earlier this year after parents learned the district had quietly implemented the gender-identity policy for several years without notifying families. At contentious school board meetings in January and February, girls and parents raised alarms, but the board voted down a proposal to restore sex-based facilities. Only two of seven members supported the change.
In March, the U.S. Department of Education’s Office for Civil Rights opened a Title IX investigation into the district over the same allegations.
The lawsuit states that the district’s refusal to act despite complaints has created a hostile educational environment for female students, denying them equal access to education.“ These are private places where I should feel safe,” one student told the board, according to accounts of the meetings.
