On February 5, 2024, the ACLU of North Carolina and attorney Charles Johnson of Robins, Bradshaw & Hinson, PA filed a lawsuit against the Cleveland County Board of Education, alleging violations of the First Amendment and the Equal Access Act. The lawsuit was filed in the United States District Court for the Western District of North Carolina and challenged the Board’s decision to ban a student group from playing a quiz game that highlights LGBTQ+ individuals' contributions to society. The Board deemed the activity "indecent," while allowing other student groups, such as the Bible Club, to discuss their topics freely.
The lawsuit argues the Board's prohibition of the game:
- Unconstitutionally restricts student speech in violation of the First Amendment;
- Engages in unconstitutional viewpoint discrimination by prohibiting discussions of LGBTQ+ individuals while allowing students to discuss other subjects without restriction; and,
- Violates the Equal Access Act, which mandates schools treat all student groups equally.
The ACLU of NC asserts that recognizing LGBTQ+ historical and cultural figures does not constitute inappropriate or indecent content and that the school district is unlawfully silencing speech based on disagreement with its message.
UPDATE: On February 25, the ACLU of NC filed and motion for and brief in support of a preliminary injunction, asking the Court to order the Cleveland County Board of Education to allow M.K. and the Activism Club to play the game.
UPDATE: On April 2, 2025, after several weeks' of good faith settlement negotiations, the parties filed a joint motion for minor settlement approval.
UPDATE: On April 24, 2025, a heard was held in Asheville before Judge Reidinger on the Western District of North Carolina to discuss the agreed upon settlement.
UPDATE: On May, 8, 2025, the Court approved the settlement. The settlement requires the Cleveland County Board of Education allow M.K. and the Activism Club to play game and requires the Board to post an a statement on its website apologizing to M.K. for violating her First Amendment rights and acknowledging the importance of the LGBTQ+ community.
