Florida county school district sued by largest U.S. publisher over book ban

BY AIMEE PICCHI
MAY 17, 2023 / 12:45 PM / MONEYWATCH

A Florida county school district is allegedly violating the First Amendment by its removal of books discussing race, racism and LGBTQ+ identities, according to a federal lawsuit filed Wednesday by Penguin Random House, PEN America, authors and parents.

The lawsuit claims that the school district ordered the removal of books against the recommendations of its own experts, with the banned books including "The Bluest Eye" by Toni Morrison, "The Nowhere Girls" by Amy Reed and "Lucky" by Alice Sebold.

The legal action comes amid a push by Florida's Republican governor Ron DeSantis, who isn't named in the lawsuit, to allow the censorship and challenging of books based on whether they are appropriate for children in schools. Escambia County, located in Florida's panhandle and home to Pensacola, is allegedly "depriving students of access to a wide range of viewpoints" and specifically targeting books that "critics view as too 'woke,'" the lawsuit claims.

"Books are being ordered removed from libraries, or subject to restricted access within those libraries, based on an ideologically driven campaign to push certain ideas out of schools," the lawsuit claims. "Further, the school board is ordering the removal against the recommendations of experts within the school district."

Escambia County Public Schools said it is unable to comment on pending litigation.

The lawsuit also alleges the book bans violate the Equal Protection Clause because they single out titles that are largely written by non-white or LGBTQ+ authors. The challenged books often address topics about race or LGBTQ+ identity, the lawsuit says.

PEN America, a group that champions free speech, said removing titles from school libraries teaches students that books are dangerous. That's a lesson that should not be taught in a democracy, Suzanne Nossel, the CEO of PEN America, said in a statement.

"In Escambia County, state censors are spiriting books off shelves in a deliberate attempt to suppress diverse voices," she said. "In a nation built on free speech, this cannot stand."

One parent, Lindsay Durtschi, said she joined the lawsuit because she believes banning diverse books creates "irreparable harm to the voices and safety of students in Florida."

Other books that have been challenged or removed from the Escambia County school district, and whose authors are also part of the lawsuit, include:

"Uncle Bobby's Wedding," a book by Sarah Brannen
"All Boys Aren't Blue," a memoir by George M. Johnson about growing up Black and gay
"Two Boys Kissing," by David Levithan, a gay author of young adult fiction
"When Aidan Became a Brother" and "Too Bright to See," by Kyle Lukoff, a transgender author
"Out of Darkness," a young adult novel that deals with racism by Ashely Hope Pérez

https://www.cbsnews.com/news/florida-escambia-county-sued-book-ban-penguin-random-house/?ftag=CNM-00-10aab7e&linkId=214995626&link_id=31&can_id=1b54be4c01232388704f6dbb31c47a1c&source=email-desantis-legalizes-kidnapping-in-florida-seriously&email_referrer=email_1921950&email_subject=desantis-legalizes-kidnapping-in-florida-seriously

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Escambia County Schools Superintendent Dr. Tim Smith fired on 3-2 vote

by Tanner Stewart Wed, May 17th 2023, 9:14 AM CDT

ESCAMBIA COUNTY, Fla. -- The Escambia County School Board voted Tuesday night to fire Superintendent Dr. Tim Smith.

The board voted 3-2.

Paul Fetsko, Kevin Adams and David Williams all voted in favor. Patty Hightower and Bill Slayton voted against it.

WEAR

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Dr. Smith spoke briefly after the vote.

"There is a bright future ahead, but I think there's maybe some bumps along the way to get there," he said. "I appreciate the opportunity over the last two and half years. I wish I had not disappointed you. I gave it my best. I thank those who have been supportive. I thank you very much. I appreciate your leadership and I wish you well."

RELATED: Escambia County Schools accept Charter USA's offer to take over Warrington Middle
RELATED: State gives Escambia County School Board ultimatum in Warrington Middle saga
Dr. Smith served as Escambia County Public Schools Superintendent since September 2020 when he was hired following a majority vote by the Florida School Board Association.

WEAR News previously reported Dr. Smith caught criticism over the past year -- with one lawmaker even calling for his resignation.

Fetsko made the motion after the superintendent's evaluation was reviewed Tuesday night.

He and Adams cited the issues with the Warrington Middle School charter school negotiations, employee retention and poor communication with the board.

Dr. Smith was able to make a statement after the vote, saying this to say to Fetsko and Adams.

"There is something toxic that exists here," Dr. Smith said. "You all want to fire me. I think the answer would be for the two of you to resign your positions, really. What's the difference? You or me, right? I guess you outnumber me."

Fetsko's resolution keeps Dr. Smith under contract until May 31.

It also named Keith Leonard interim superintendent. He was a finalist in the search for a superintendent and currently serves as Assistant Superintendent for Human Resources.

Tuesday night, Hightower asked for that part of the resolution to be amended so the board could discuss who should serve as interim, but that didn't happen.

Hightower and Slayton spoke out against firing Dr. Smith before the vote.

"At this time I am not able support your motion," she said. "I believe that Superintendent Smith is leading the district. He is working to improve our student performance. I know that all of us may not operate our leadership skills in the same way."

"Just remarkable that you would throw the district into this kind of turmoil at this particular time," Slayton said. "I've been through nine superintendents. Nothing has ever been smooth. Every time we have change, there's turmoil in the district. We have change of leadership. We have things that change. This is no time to be doing this."

Slayton questioned whether there were discussions about firing Dr. Smith among board members before Tuesday night's meeting, which would have been a Sunshine Law violation.

All denied any violations.

https://weartv.com/news/local/escambia-county-schools-superintended-dr-tim-smith-fired-on-3-2-vote#

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I'm not sure why Dr. Smith was fired.