ACLU accuses ISD of restricting free speech
David Taffet | Senior Staff Writer
taffet@dallasvoice.com
John Kusterbeck, founder of Princeton Texas Diverse, said the city’s Pride event, originally scheduled for June 29, has been canceled for now after the venue it was planning to use backed out of contract.
Pride was scheduled to take place again at a Princeton Independent School District high school, but the district revoked the venue for two reasons: organizers had failed to post disclaimers and had distributed banned books.
The ACLU filed a complaint on behalf of the group, based on the fact that the group consistently included disclaimers in its promotional materials saying the event was not sponsored by the school district and that there was no list of banned books.
Princeton is a rapidly growing metroplex suburb 30 miles northeast of Dallas and near the center of Collin County. It had a population of just over 6,000 in the 2010 census and now has about 26,000, including a large LGBTQ population.
Last year’s Pride celebrations at Princeton Independent School District schools drew hundreds of people, organizers said.
The first Pride event was so successful that Kusterbeck booked the school for this year’s Pride, but then received a letter from Princeton Independent School District Superintendent Donald McIntyre canceling the contract.
“Board policy specifies that any communications a tenant has with the public will state that the event is not sponsored by the District and will identify the nature of the activity and the hosting organization,” McIntyre wrote.
Kusterbeck was careful to include a disclaimer with all Pride-related information, but a Facebook post after the event thanking the president for his support did not include one — a jokey post, as the president had done his best not to support the organization.
“Accordingly, based on this information and the terms of the agreement, which among other things provide that ‘any violation of the rules and regulations regarding the use of District facilities may result in permanent termination of use of District facilities by non-school users,’ you and Princeton TX Diverse will no longer be able to rent and use District facilities,” McIntyre wrote.
In its complaint against the school district, the ACLU determined that the policy does not affect the Princeton Independent School District’s relationship with several churches that meet on school grounds.
“For example, Heart and Soul Church hosts services at Princeton High School but often fails to include required disclaimers in its social media posts about these events, despite prominently advertising that the services are held on school district grounds,” the ACLU said in its complaint.
The claim was accompanied by an Instagram post.
The church lists the address of Princeton High School as its place of worship, but there is no disclaimer.
Holy Ghost Ministry holds services at Southard Middle School and has signs posted to announce where the service is located. The signs do not have the required disclaimer.
Faith Baptist Church hosted a National Day of Prayer celebration at Loverady High School and promoted it on Facebook, and, according to an ACLU investigation, did not post a disclaimer on its Facebook page or on the event registration page.
Faith Baptist Church charged between $25 and $800 to reserve seats and tables for the event, in apparent violation of the Princeton Independent School District’s prohibition on charging admission fees for events on its premises.
The ACLU points out in its complaint that it is not asking the school district to revoke the churches’ use of the buildings — it simply wants Kusterbeck and Princeton TX Diverse to be treated equally.
The district also accused Kusterbeck and Lee of “distributing inappropriate materials at a Lions Club event” on school grounds.
“Specifically, we learned that you were in possession of a basket of ‘prohibited books’ that contained reading material that was inappropriate for children under the policy of the Princeton Independent School District Board of Trustees, and that you intended to award this basket to the winner of a coloring contest,” McIntyre wrote in another letter.
Among the “banned books” was “And Tango Makes Three,” which tells the true story of two male penguins who incubate abandoned eggs and raise chicks at New York’s Central Park Zoo.
So Kusterbeck submitted a “Request for Information” form, requesting, in the “Public Information Request” section, “I would like a list of all books that have been officially banned from Princeton Independent School District libraries.”
In response, Public Information Officer Jean Ann Collins checked a box that read, “Requested information does not exist.”
Despite the absence of a banned books list, McIntyre forced Kusterbeck and Lee off school grounds and threatened to charge them with trespassing.
“The district’s letter does not explain how or whether the school violated any board policy by distributing so-called ‘banned books,’ when no books have actually been banned by the district,” the ACLU said.
Kusterbeck noted that the most comprehensive list of banned books circulated and cited in the state lists more than half of the books in question as including LGBTQ or racial content, but the Bible is also on the list for its violent and sexual content. However, a vendor was handing out Bibles at the city’s Onion Festival, held on school grounds.
In addition to calling for an apology, the ACLU called on the Princeton Independent School District to “immediately reverse its decision to terminate PTX Divers, Mr. Kusterbeck, and Mr. Kusterbeck’s employment.”
Lee will have equal access to Princeton Independent School District facilities, including the ability to act as a vendor or rent district property, subject to neutral rules established by the district.”
They also demand that “First Amendment and LGBTQIA+ cultural sensitivity training be provided to all district employees.”
