CASE 0:11-cv-00215-SRN-JSM Document 1 Filed 01/28/11 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

DESIREE SHELTON, SARAH LINDSTROM;
Plaintiffs,
vs.
ANOKA-HENNEPIN SCHOOL DISTRICT; CHAMPLIN PARK HIGH SCHOOL; DENNIS CARLSON, in his official capacity as the Superintendent of Anoka-Hennepin School District; MICHAEL GEORGE, in his official capacity as the Principal of Champlin Park High School;
Defendants.

Civil No. - - - - - COMPLAINT

Plaintiffs DESIREE SHELTON and SARAH LINDSTROM, through their undersigned counsel, sues Defendants ANOKA-HENNEPIN SCHOOL DISTRICT; CHAMPLIN PARK HIGH SCHOOL; DENNIS CARLSON, in his official capacity as the Superintendent of Anoka-Hennepin School District; and MICHAEL GEORGE, in his official capacity as the Principal of Champlin Park High School. By this Complaint, Plaintiff seeks preliminary and permanent injunctive relief, declaratory relief, damages, and costs and attorneys fees.
NATURE OF THE ACTION 1. This is a free speech and civil rights case on behalf of Plaintiffs Desiree Shelton and Sarah Lindstrom, both of whom are twelfth-grade student at Champlin Park

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High School ("CPHS"), which is within the Anoka-Hennepin School District (the "District"). Desiree and Sarah are both eighteen years old. Like many of their classmates, Desiree and Sarah have been excited to participate in the annual Snow Days Week celebration, scheduled for January 31 through February 5, 2011. In particular, Desiree and Sarah were both elected by their peers to be members of the Snow Days Royalty Court, and desired to process across the CPHS Field House as a couple during the Pep Fest and Coronation Ceremony.
2. Desiree and Sarah would like to participate in the Pep Fest and Coronation procession as a couple, but are prohibited from doing so because CPHS Principal Defendant Michael George has told them that the Royalty Court procession has been canceled and, instead, the assembly will begin with the Royalty Court seated on stage. 1 Such actions were taken for the purpose of suppressing the viewpoint of Plaintiffs' constitutionally protected speech.
3. Prior to bringing this lawsuit, Desiree and Sarah attempted to informally resolve these issues with the District, including meeting with George, and requesting in writing through their counsel that Defendants reinstate the Pep Fest and Coronation procession and allow Plaintiffs to participate as a couple. See Letter from Sam Wolfe to Defendants Carlson and George, dated January 28, 20 11, attached hereto as Exhibit A. Plaintiffs' efforts were unsuccessful.
1 Based on a telephone conversation with school-district attorney Paul H. Cady on Friday, January 28, 2011, it appears that the Defendants are still considering other alternatives to the traditional processional-for example, having the Royalty Court enter the assembly in a single-file line. Any alternative to the traditional processional, however, constitutes a violation of the Plaintiffs' constitutional and statutory rights, and the analysis remains the same.
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4. The Defendants' prohibitions and actions against Desiree and Sarah constitute impermissible viewpoint discrimination under the First Amendment to the United States Constitution, violate their equal protection rights under the Fourteenth Amendment to the United States Constitution and the Minnesota Constitution, and constitute prohibited discrimination under the Minnesota Human Rights Act.
JURISDICTION AND VENUE 5. Plaintiffs bring this action pursuant to 42 U.S.C. § 1983 for violations of the freedom of expression under the First Amendment to the United States Constitution and violation of equal protection rights under the Fourteenth Amendment to the United States Constitution. Plaintiffs also bring this action pursuant to Minn. Stat. §§ 363A.28, subd. 1 and 363A.33, subd. 1 for violations of Plaintiffs statutory rights as outlined in the Minnesota Human Rights Act. 6. This Court has subject-matter jurisdiction over this matter pursuant to 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343(a)(3) (civil rights). This Court has supplemental jurisdiction over the state law claims being asserted herein pursuant to 28 U.S.C. § 1367. 7. This Court has jurisdiction to declare the rights of the parties and to award any further necessary and proper relief pursuant to 28 U.S.C. §§ 2201 and 2202. Rule 65 of the Federal Rules of Civil Procedure authorizes injunctive relief. This Court has authority to award costs and attorney's fees under 42 U.S.C. § 1988 and Minn. Stat. § 363A.33, subd. 7.
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8. Venue is proper in this judicial district and division pursuant to 28 U.S.C. § 1391(b) because the events or omissions giving rise to Plaintiffs' claims occurred in Champlin, Minnesota, which is within the District of Minnesota.
PARTIES 9. Plaintiff Desiree Shelton is, and was at all relevant times to this Complaint, a twelfth-grade student at CPHS. She is eighteen years old. As a student at CPHS, Desiree remains subject to the authority and directives of the Defendants. 10. Plaintiff Sarah Lindstrom is, and was at all relevant times to this Complaint, a twelfth-grade student at CPHS. She is eighteen years old. As a student at CPHS, Sarah remains subject to the authority and directives of the Defendants. 11. Defendant Anoka-Hennepin School District is a school district operating in Minnesota under color of state law and is located in Anoka and Hennepin Counties, Minnesota. 12. Defendant Champlin Park High School is a high school operated by the Anoka-Hennepin School District. 13. Defendant Dennis Carlson ts, and was at all relevant times to this Complaint, the Superintendent of Anoka-Hennepin School District. Carlson is sued in his official capacity. 14. Defendant Michael George is, and was at all relevant times to this Complaint, the Principal ofCPHS. George is sued in his official capacity.
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FACTS GIVING RISE TO THIS ACTION 15. Desiree Shelton is eighteen years old and a senior at CPHS. 16. Desiree is a lesbian. 17. Desiree's sexual orientation is known by many of the students at CPHS as well as the teachers and administrators at CPHS. 18. Sarah Lindstrom is eighteen years old and a senior at CPHS. 19. Sarah is a lesbian. 20. Sarah's sexual orientation is known by many of the students at CPHS as well as the teachers and administrators at CPHS. 21. Desiree and Sarah are currently in a relationship and consider themselves to be girlfriends. 22. Snow Days Week is an annual celebration at CPHS held during the winter. It consists of a week of events starting with a Pep Fest and Coronation assembly on Monday and ends with a formal dance on Saturday. In 2011, Snow Days Week takes place from January 31 through February 5. 23. Every year, the student body at CPHS elects students that comprise the Snow Days Week Royalty Court. Selection as a member of the Royalty Court is considered an honor as the Royalty Court is a central component of Snow Days Week. A Snow Days Week Royalty Court has existed at CPHS since the school was founded in 1992. Freshman, sophomore, and junior classes each select two males and two females from their class to serve on the Royalty Court. The senior class elects six males and six females to serve as royalty. In 2011, voting for royalty occurred on Wednesday, January
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19. 24. All CPHS students are encouraged to attend the Snow Days Pep Fest and
Coronation Ceremony. The assembly is staged with a decorated arch on one end of the Field House and a stage on the other end.
25. At the beginning of the assembly, the Royalty Court processes into the Field House through the arch. The members of the Royalty Court are coupled as they process into the Field House.
26. Historically, members of the Royalty Court were allowed to choose their processional partner if they had a particular preference. When the students do not have a preference, a CPHS staff member pairs-up the students randomly as opposite-sex couples. When two students who are boyfriend and girlfriend are selected, it has been common practice to allow them to walk in the processional together.
27. As the coupled royalty process into the Field House, the couple is announced, then usually does something humorous in front of the school body, and finally processes across the Field House and onto the stage. As each couple is processing to the stage, an announcer states facts about the particular students. The entire procession of all twelve Royalty Court couples takes approximately five minutes.
28. The rest of the Pep Fest and Coronation Ceremony consists of the announcement of the Snow Days Queen and King, a fun activity, and various performances by the Dance Team and the winner of the Talent Show. In 2011, the assembly is scheduled to take place from 1:27 PM to 2:25 PM-a total of fifty-eight minutes.
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29. Both Desiree and Sarah campaigned to be elected by their peers to be members of the Royalty Court so they could participate in the Pep Fest and Coronation procession together. Their intention was to make a political and public statement about gender roles and the visibility ofLGBT students and couples at CPHS.
30. Both Desiree and Sarah were elected by their peers to the Snow Days Royalty Court.
31. When Desiree and Sarah found out that they had both been elected to the Royalty Court, they had every expectation that they would be able to process into the Field House as a couple and this was known among many students, CPHS staff, and administrators. Two male members of the senior Royalty Court have volunteered to process into the Field House together to maintain the couple format of the procession.
32. On Tuesday, January 25, Desiree and Sarah were in a CPHS hallway between classes when a teacher informed them that the CPHS administration decided that they could not process in the Pep Fest and Coronation together. The teacher informed them that they would be called to the office of the CPHS principal, Defendant George, for a further explanation.
33. After being notified of the administration's decision, Plaintiffs immediately sought out Mathew Mattson, CPHS Assistant Principal for Activities and a primary organizer of the Snow Days Week activities. Plaintiffs objected and asked why the decision was made. Mattson told them that they would not be allowed to process into the Field House as a couple because it is a tradition for only a boy and girl to process in together, that it would make the two male students who volunteered to process in together
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uncomfortable even if they had already agreed to do so, that Plaintiffs had been elected to the Royalty Court as individuals and not as a couple, and that it would make some students uncomfortable to see two women walking together as a couple. Mattson stated that he had discussed the matter with George, and Monica Nikko, the other staff organizer of Snow Days Week, and that they concurred with the decision. Mattson called George's office so that George could further discuss the matter with Plaintiffs, but George was not available at the time. Plaintiffs scheduled a meeting with George for the next day, Wednesday, January 26.
34. At 11:15 AM on Wednesday, January 26, Plaintiffs met with George along with a number of teachers. George heard from Plaintiffs as they explained why they wanted to process into the Field House together. He was primarily worried about how the rest of the student body would react to two women processing in together. He also told Plaintiffs that it was a tradition at CPHS to have only male-female couples processing together in the Pep Fest and Coronation Ceremony. George stated that a final decision had not yet been made because he wanted to consult with the Superintendent of the Anoka-Hennepin School District, Defendant Carlson, and other principals in the school district. A follow-up meeting was scheduled for after school on Thursday, January 27.
35. Later in the day on January 26, the administration was considering having all members of the Royalty Court process individually instead of as couples in response to Plaintiffs' intention to process into the Field House together.
36. After school on Thursday, January 27, Plaintiffs met with Mattson and George. George stated that after consulting with Carlson and other principals, the
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decision was made that the procession would be canceled and that the Pep Fest and Coronation would begin with all members of the Royalty Court seated on stage. George stated that this outcome would make everyone comfortable.
37. In this meeting, George further stated that even if the two male students who volunteered to process in together were comfortable with the arrangement, their parents may not be and he did not want to upset the parents. Mattson suggested that even if the male students stated that they were comfortable with the decision now, they may not be three months from now when a picture of them processing together surfaces and rumors get started that they are gay. Mattson hypothesized that they might then get bullied, commit suicide, and their parents would blame the school district.
38. Mr. George also stated that at a School Board meeting on January 24 a number of parents praised the school board for keeping the gays out of the schools and were otherwise hostile toward gays and lesbians. George suggested that this caused him to have concerns about student safety if he allowed Plaintiffs to process into the Pep Fest together.
39. Plaintiffs desire to participate in the processiOn together in order to peacefully express that they are lesbians and their political and social viewpoint that it is appropriate for gay and lesbian students to process together in long-standing school event.
40. The communicative content of this act would be understood by other students, as well as teachers and administrators, at the assembly.
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41. If Plaintiffs are unable to participate together in the Fun Fest and Coronation procession on January 31, 2011, Plaintiffs will suffer irreparable harm for which there is no adequate remedy at law.
42. Defendants have expressed an intent to cancel the processiOn for the purpose of suppressing the viewpoint of Plaintiffs' constitutionally protected speech.
43. If Defendants are not enjoined from canceling or otherwise altering the Pep Fest in order to suppress Plaintiffs' speech, Plaintiffs will suffer irreparable harm for which there is no adequate remedy at law.
44. At all times, Defendants have acted under color of state law. COUNT 1: FREEDOM OF EXPRESSION
Violation of First Amendment, as applied to the states under the Fourteenth Amendment (Against All Defendants, 42 U.S.C. § 1983)
45. Plaintiffs reallege and incorporate by reference all of the preceding paragraphs in this Complaint.
46. Defendants are liable pursuant to 42 U.S.C. § 1983 and the First Amendment to the United States Constitution, as applied to the states by the Fourteenth Amendment, for promulgating, implementing, ratifying, and/or enforcing rules and acts that deprive, and continue to deprive, Plaintiffs of their right to freedom of expression.
47. In depriving Plaintiffs of these rights, Defendants acted under color of state law. This deprivation under color of state law is actionable under and may be redressed by 42 U.S.C. § 1983.
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COUNT II: FEDERAL EQUAL PROTECTION Violation of the Equal Protection Clause of the Fourteenth Amendment
(Against All Defendants, 42 U.S.C. § 1983) 48. Plaintiffs reallege and incorporate by reference all of the preceding paragraphs in this Complaint. 49. Defendants are liable pursuant to 42 U.S.C. § 1983 and the Fourteenth Amendment to the United States Constitution, for promulgating, implementing, ratifying, and/or enforcing rules and acts that deprive, and continue to deprive, Plaintiffs of their right to equal protection of the laws. 50. In depriving Plaintiffs of these rights, Defendants acted under color of state law. This deprivation under color of state law is actionable under and may be redressed
by 42 u.s.c. § 1983.
COUNT III: STATE EQUAL PROTECTION Violation of Minnesota Constitution, Article I, § 2
(Against All Defendants) 51. Plaintiffs reallege and incorporate by reference all of the preceding paragraphs in this Complaint. 52. Defendants are liable pursuant to Article I, section 2 of the Minnesota Constitution for promulgating, implementing, ratifying, and/or enforcing rules and acts that deprive, and continue to deprive, Plaintiffs of their right to equal protection of the laws. 53. In depriving Plaintiffs of these rights, Defendants acted under color of state law.
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COUNT IV: DISCRIMINATION ON THE BASIS OF SEX AND SEXUAL ORIENTATION
Violation of the Minnesota Human Rights Act (Against All Defendants, Minn. Stat.§§ 363A.01 et seq.) 54. Plaintiffs reallege and incorporate by reference all of the preceding paragraphs in this Complaint. 55. The Minnesota Human Rights Act ("MHRA") prohibits discrimination in access to education based on sex and sexual orientation. See Minn. Stat. § 363A.13. 56. The Defendants' actions discriminate against the Plaintiffs on the basis of their sex and sexual orientation in violation of the MHRA.
PRAYER FOR RELIEF WHEREFORE Plaintiffs respectfully pray for the following relief:
1. An order preliminarily and then permanently enjoining Defendants and their officers, agents, affiliates, subsidiaries, servants, employees and all other persons or entities in active conceit or privity or participation with them, from canceling or otherwise materially altering the Snow Days Fun Fest and Coronation procession in such a manner as to deny Plaintiffs' rights, scheduled for January 31, 20 11;
2. An order preliminarily and then permanently enjoining Defendants and their officers, agents, affiliates, subsidiaries, servants, employees and all other persons or entities in active conceit or privity or participation with them, from restraining, prohibiting, or suppressing Plaintiffs from processing with one another as a couple at the beginning of the assembly;
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subsidiaries, servants, employees and all other persons or entities in active conceit or privity or participation with them, from taking retaliatory action against Plaintiffs for bringing this lawsuit;
4. A declaration that Defendants' policies violate Plaintiffs' constitutional rights to freedom of expression and equal protection of the law and statutory right to be free from unfair discriminatory practices;
5. An entry of judgment for Plaintiffs against Defendant Anoka-Hennepin School District for damages;
6. Reasonable attorneys' fees and costs; and 7. Any other relief to which Plaintiffs may be entitled.
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Dated: January 28, 2011
tb.us.6320412.02

FAEGRE & BENSON LLP
s/ Michael A. Ponto
Michael A. Ponto, #203944 mponto@faegre. com
Christopher H. Dolan, #03 86484 cdolan@faegre. com
Emily E. Chow, #0388239 echow@faegre. com
2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 (612) 766-7000
SOUTHERN POVERTY LAW CENTER Mary Bauer* Samuel Wolfe* 400 Washington Avenue Montgomery, AL 36104 (334) 956-8200
NATIONAL CENTER FOR LESBIAN RIGHTS Christopher Stoll* Ilona M. Turner* 870 Market Street, Suite 370 San Francisco, CA 94102 (415) 365-1335
*Motion for admission pro hac vice forthcoming
ATTORNEYS FOR PLAINTIFFS

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 CaSe: 0:11-cv-00215-SRN-JSM As Of: 02/01/2014 06:46 PM CST 1 of 3
CLOSED,CV
U.S. District Court U.S. District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:11−cv−00215−SRN−JSM

Shelton et al v. Anoka−Hennepin School District et al Assigned to: Judge Susan Richard Nelson Referred to: Magistrate Judge Janie S. Mayeron Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 01/28/2011 Date Terminated: 01/31/2011 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Desiree Shelton

represented by Christopher H Dolan Faegre Baker Daniels LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612−766−8849 Fax: 612−766−1700 Email: chris.dolan@FaegreBD.com ATTORNEY TO BE NOTICED

Christopher − NA Stoll Not admitted ATTORNEY TO BE NOTICED

Emily E Chow Faegre Baker Daniels LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612−766−7000 Fax: 612−766−1600 Email: emily.chow@FaegreBD.com ATTORNEY TO BE NOTICED

Ilona− NA M Turner Not admitted ATTORNEY TO BE NOTICED

Mary− NA Bauer Not admitted ATTORNEY TO BE NOTICED

Michael A Ponto Faegre Baker Daniels LLP 90 S 7th St Ste 2200 Mpls, MN 55402−3901 612−766−7000 Fax: 612−766−1600 Email: michael.ponto@FaegreBD.com ATTORNEY TO BE NOTICED

Samuel− NA Wolfe Not admitted ATTORNEY TO BE NOTICED

Plaintiff Sarah Lindstrom

represented by Christopher H Dolan (See above for address) ATTORNEY TO BE NOTICED

Christopher − NA Stoll (See above for address) ATTORNEY TO BE NOTICED

CaSe: 0:11-cv-00215-SRN-JSM As Of: 02/01/2014 06:46 PM CST 2 of 3

Emily E Chow (See above for address) ATTORNEY TO BE NOTICED
Ilona− NA M Turner (See above for address) ATTORNEY TO BE NOTICED
Mary− NA Bauer (See above for address) ATTORNEY TO BE NOTICED
Michael A Ponto (See above for address) ATTORNEY TO BE NOTICED
Samuel− NA Wolfe (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Anoka−Hennepin School District
Defendant Champlin Park High School
Defendant Dennis Carlson in his official capacity as the Superintendent of Anoka−Hennepin School District
Defendant Michael George in his official capacity as the Principal of Champlin Park High School

Date Filed 01/28/2011
01/28/2011 01/28/2011 01/28/2011 01/28/2011

# Docket Text
1 COMPLAINT against Anoka−Hennepin School District, Dennis Carlson, Champlin Park High School, Michael George ( Filing fee $ 350 receipt number 4051822.) assigned to Judge Susan R Nelson per Civil Rights list referred to Magistrate Judge Janie S Mayeron, filed by Desiree Shelton, Sarah Lindstrom. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet) (LPH) (Entered: 01/28/2011)
2 MOTION for Temporary Restraining Order by Sarah Lindstrom, Desiree Shelton. (LPH) (Entered: 01/28/2011)
3 MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order filed by Sarah Lindstrom, Desiree Shelton. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(LPH) (Entered: 01/28/2011)
4 AFFIDAVIT of Sarah Lindstrom in SUPPORT OF 2 MOTION for Temporary Restraining Order filed by Sarah Lindstrom, Desiree Shelton. (LPH) (Entered: 01/28/2011)
5 AFFIDAVIT of Desiree Shelton in SUPPORT OF 2 MOTION for Temporary Restraining Order filed by Sarah Lindstrom, Desiree Shelton. (LPH) (Entered:

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01/28/2011 01/31/2011 01/31/2011 01/31/2011

01/28/2011)
Summons Issued as to Anoka−Hennepin School District, Dennis Carlson, Champlin Park High School, Michael George. (LPH) (Entered: 01/28/2011)
6 Minute Entry for proceedings held before Judge Susan Richard Nelson: Settlement Conference held on 1/29/2011. Settlement reached. (bcr) (Entered: 01/31/2011)
7 NOTICE of Voluntary Dismissal by Sarah Lindstrom, Desiree Shelton (Attachments: # 1 Certificate of Service)(Ponto, Michael) (Entered: 01/31/2011)
8 ORDER DISMISSING CASE. Signed by Judge Susan Richard Nelson on 01/31/2011. (jmf) (Entered: 01/31/2011)