C.K.–W. v. Wentzville R-IV School District
What's at Stake
The American Civil Liberties Union of Missouri, joined by the National ACLU, filed a lawsuit challenging a school district's removal of eight critically-acclaimed library books that are by and about people of color, LGBTQ+ people, and other marginalized groups, as well as its policy requiring automatic removal of every book that any student, parent, or guardian formally objects to, regardless of the basis for or merits of that objection.
Summary
The First Amendment protects the right to access information—including students’ right to access information through school library shelves. Indeed, as the Supreme Court held forty years ago, the school library is “the principal locus” of students’ freedom “to inquire, to study and to evaluate, to gain new maturity and understanding.” Bd. of Educ., Island Trees Union Free Sch. Dist. No. 26 v. Pico, 457 U.S. 853, 869 (1982) (plurality). Nevertheless, school-board officials, lawmakers, and others across the country have recently to ban books—especially those that engage with themes at the intersection of gender, sexuality, and race—from circulation in school and public libraries.
The plaintiffs in this case were two students in Wentzville schools, as well as the state and local subdivisions of the NAACP. The lawsuit alleged that the Wentzville district violated students’ First Amendment right to access information by engaging in viewpoint-based removal of books. In addition, the lawsuit challenged the district’s policies, including those that require the automatic removal of any book once it is challenged by a parent, student, or guardian. The books that the School District banned pursuant to its policies included The Bluest Eye, by Toni Morrison; Fun Home: A Family Tragicomic Paperback, by Alison Bechdel; Heavy: An American Memoir, by Kiese Laymon; Lawn Boy, by Jonathan Evison; All Boys Aren’t Blue, by George M. Johnson; Gabi, a Girl in Pieces, by Isabel Quintero; Modern Romance, by Aziz Ansari and Eric Klinenberg; and Invisible Girl, by Lisa Jewell. All these books, which have received critical acclaim, engage with themes at the intersection of gender, sexuality, and race.
After the ACLU sued, all but one of the books were returned to school library shelves. The court denied Plaintiffs’ request for preliminary relief on August 5, 2022 and in February 2023, Plaintiffs voluntarily dismissed the case.
Legal Documents
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02/25/2022
Plaintiffs' Amended Class Action Complaint for Prospective Relief -
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02/25/2022
Exhibit 1: 6310 Policy -
02/25/2022
Exhibit 2: 6310 Regulation -
02/25/2022
Exhibit 3: 6241 Policy -
02/25/2022
Exhibit 4: 6241 Regulation -
02/25/2022
Exhibit 5: Committee Decision on The Bluest Eye
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 1: 6310 PolicyDate Filed: 02/25/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 2: 6310 RegulationDate Filed: 02/25/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 3: 6241 PolicyDate Filed: 02/25/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 4: 6241 RegulationDate Filed: 02/25/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 5: Committee Decision on The Bluest EyeDate Filed: 02/25/2022
Court: District Court (E.D. Mo.)
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02/25/2022
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03/14/2022
Plaintiffs' Motion for a Preliminary Injunction -
03/15/2022
Plaintiffs' Memorandum in Support of Motion for a Preliminary Injunction -
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03/14/2022
Exhibit 13: Review Form for "Gabi, A Girl in Pieces" -
03/14/2022
Exhibit 14: Email re Book Removal Status -
03/14/2022
Exhibit 15: Memorandum to Board re "Gabi" Review Committee Report -
03/14/2022
Exhibit 16: Review of Instructional Materials Form for "Lawn Boy" -
03/14/2022
Exhibit 17: Review of Instructional Materials Form for "All Boys Aren't Blue" -
03/14/2022
Exhibit 18: Review of Instructional Materials Form for "Heavy" -
03/14/2022
Exhibit 19: Review of Instructional Materials Form for "Fun Home" -
03/14/2022
Exhibit 20: Review of Instructional Materials Form for "The Bluest Eye" -
03/14/2022
Exhibit 21: Memorandum to Board re "The Bluest Eye" Committee Report -
03/14/2022
Exhibit 22: Email re Review Committee Guidelines -
03/14/2022
Exhibit 23: Transcript of Nixa Parents Meeting with Andy Wells -
03/14/2022
Exhibit 24: Transcript of January 20, 2022 Board Meeting -
03/14/2022
Exhibit 25: Email re Parent Choice -
03/14/2022
Exhibit 26: Email from Board Member re Board Disregard of Recommendation -
03/14/2022
Exhibit 27: Email from Committee Member re Board Disregard of Recommendation -
03/14/2022
Exhibit 28: Email from Librarian re Review Process -
03/14/2022
Exhibit 29: Transcript of February 25, 2022 Board Meeting -
03/14/2022
Exhibit 30: Email re Book Removal Status -
03/14/2022
Exhibit 31: Letter from District Counsel re Status -
03/14/2022
Exhibit 32: Email re Weeding Request -
03/14/2022
Exhibit 34: No Left Turn Book Challenge List -
03/14/2022
Exhibit 35: Sandy Garber Board Candidate Statement -
03/14/2022
Exhibit 36: Declaration of Plaintiff D.L. -
03/14/2022
Exhibit 37: Declaration of Z.L., parent of Plaintiff D.L. -
03/14/2022
Exhibit 38: Declaration of T.K., parent of Plaintiff C.K.-W. -
03/14/2022
Exhibit 39: Declaration of Missouri NAACP President Nimrod Chapel, Jr. -
03/14/2022
Exhibit 40: Declaration of "Fun Home" author Alison Bechdel -
05/04/2022
Exhibit 41: Declaration of "Gabi" author Isabel Quintero -
03/14/2022
Exhibit 42: Declaration and CV of Harvey J. Graff -
03/14/2022
Exhibit 43: Andy Wells Facebook Post re Challenge Guidance -
03/14/2022
Exhibit 44: Andy Wells Facebook Post re Book Challenge List -
03/14/2022
Exhibit 45: Andy Wells Facebook Post re Values -
03/14/2022
Exhibit 46: Sandy Garber Facebook Post re Race -
03/14/2022
Exhibit 47: Sandy Garber Facebook Post re English -
03/14/2022
Exhibit 48: Sandy Garber Facebook Post re Religion -
05/04/2022
Exhibit 49: Amber Crawford Facebook Post re CRT -
03/14/2022
Exhibit 50: Amber Crawford Facebook Post re Race -
03/14/2022
Exhibit 51: National Coalition Against Censorship Letter to Board -
03/14/2022
Exhibit 52: Missouri Library Association Letter to Board -
03/14/2022
Exhibit 53: Email from Community Member re Removal Concerns
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 13: Review Form for "Gabi, A Girl in Pieces"Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 14: Email re Book Removal StatusDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 15: Memorandum to Board re "Gabi" Review Committee ReportDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 16: Review of Instructional Materials Form for "Lawn Boy"Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 17: Review of Instructional Materials Form for "All Boys Aren't Blue"Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 18: Review of Instructional Materials Form for "Heavy"Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 19: Review of Instructional Materials Form for "Fun Home"Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 20: Review of Instructional Materials Form for "The Bluest Eye"Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 21: Memorandum to Board re "The Bluest Eye" Committee ReportDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 22: Email re Review Committee GuidelinesDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 23: Transcript of Nixa Parents Meeting with Andy WellsDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 24: Transcript of January 20, 2022 Board MeetingDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 25: Email re Parent ChoiceDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 26: Email from Board Member re Board Disregard of RecommendationDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 27: Email from Committee Member re Board Disregard of RecommendationDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 28: Email from Librarian re Review ProcessDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 29: Transcript of February 25, 2022 Board MeetingDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 30: Email re Book Removal StatusDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 31: Letter from District Counsel re StatusDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 32: Email re Weeding RequestDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 34: No Left Turn Book Challenge ListDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 35: Sandy Garber Board Candidate StatementDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 36: Declaration of Plaintiff D.L.Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 37: Declaration of Z.L., parent of Plaintiff D.L.Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 38: Declaration of T.K., parent of Plaintiff C.K.-W.Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 39: Declaration of Missouri NAACP President Nimrod Chapel, Jr.Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 40: Declaration of "Fun Home" author Alison BechdelDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 41: Declaration of "Gabi" author Isabel QuinteroDate Filed: 05/04/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 42: Declaration and CV of Harvey J. GraffDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 43: Andy Wells Facebook Post re Challenge GuidanceDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 44: Andy Wells Facebook Post re Book Challenge ListDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 45: Andy Wells Facebook Post re ValuesDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 46: Sandy Garber Facebook Post re RaceDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 47: Sandy Garber Facebook Post re EnglishDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 48: Sandy Garber Facebook Post re ReligionDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 49: Amber Crawford Facebook Post re CRTDate Filed: 05/04/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 50: Amber Crawford Facebook Post re RaceDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 51: National Coalition Against Censorship Letter to BoardDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 52: Missouri Library Association Letter to BoardDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 53: Email from Community Member re Removal ConcernsDate Filed: 03/14/2022
Court: District Court (E.D. Mo.)
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03/14/2022
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03/15/2022
Defendants' Answer to Amended Complaint -
03/24/2022
Plaintiffs' Motion for Class Certification -
03/28/2022
Defendants' Memorandum in Opposition to Preliminary Injunction -
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03/28/2022
Exhibit 1: 0120 Policy -
03/28/2022
Exhibit 2: 0310 Policy -
03/28/2022
Exhibit 3: 1480 Policy -
03/28/2022
Exhibit 4: 6240 Policy -
03/28/2022
Exhibit 5: Policy 6421 -
03/28/2022
Exhibit 6: 6241 Regulation -
03/28/2022
Exhibit 7: 6310 Policy -
03/28/2022
Exhibit 8: 6310 Regulation -
03/28/2022
Exhibit 9: 0340 Policy -
03/28/2022
Exhibit 10: Review of Instructional Materials Form re "Invisible Girl" -
03/28/2022
Exhibit 11: Review of Instructional Materials Form re "Modern Love" -
03/28/2022
Exhibit 12: Declaration of Keri Skeeters
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 1: 0120 PolicyDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 2: 0310 PolicyDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 3: 1480 PolicyDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 4: 6240 PolicyDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 5: Policy 6421Date Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 6: 6241 RegulationDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 7: 6310 PolicyDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 8: 6310 RegulationDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 9: 0340 PolicyDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 10: Review of Instructional Materials Form re "Invisible Girl"Date Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 11: Review of Instructional Materials Form re "Modern Love"Date Filed: 03/28/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 12: Declaration of Keri SkeetersDate Filed: 03/28/2022
Court: District Court (E.D. Mo.)
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03/28/2022
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03/24/2022
Plaintiffs' Memorandum in Support of Class Certification -
04/07/2022
Defendants' Memorandum in Opposition to Class Certification -
04/07/2022
Plaintiffs' Reply in Support of a Preliminary Injunction -
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04/07/2022
Exhibit 54: Declaration of Anthony E. Rothert -
04/07/2022
Exhibit 55: Dr. Skeeters Email re Weeded Books -
04/07/2022
Exhibit 56: Garber Email to Bates re NCAC Letter -
04/07/2022
Exhibit 57: Garber Email to Board re NCAC Letter
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 54: Declaration of Anthony E. RothertDate Filed: 04/07/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 55: Dr. Skeeters Email re Weeded BooksDate Filed: 04/07/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 56: Garber Email to Bates re NCAC LetterDate Filed: 04/07/2022
Court: District Court (E.D. Mo.)
C.K.–W. v. Wentzville R-IV School DistrictLegal DocumentsExhibit 57: Garber Email to Board re NCAC LetterDate Filed: 04/07/2022
Court: District Court (E.D. Mo.)
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04/07/2022
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04/11/2022
Bookseller Amici's Memorandum in Support of a Preliminary Injunction -
04/15/2022
Defendants' Motion to Stay Proceedings -
04/18/2022
Defendants' Memorandum Supporting a Stay -
04/18/2022
Plaintiffs' Reply in Support of Class Certification -
04/29/2022
Plaintiffs' Memorandum Opposing a Stay -
05/09/2022
Defendants' Reply Memorandum in Support of a Stay -
05/11/2022
Order Denying Defendants' Stay Motion -
08/05/2022
Memorandum & Order Denying Plaintiffs' Motion for a Preliminary Injunction
Date Filed: 02/25/2022
Court: District Court (E.D. Mo.)
Date Filed: 03/14/2022
Court: District Court (E.D. Mo.)
Date Filed: 03/15/2022
Court: District Court (E.D. Mo.)
Date Filed: 03/15/2022
Court: District Court (E.D. Mo.)
Date Filed: 03/24/2022
Court: District Court (E.D. Mo.)
Date Filed: 03/28/2022
Court: District Court (E.D. Mo.)
Date Filed: 03/24/2022
Court: District Court (E.D. Mo.)
Date Filed: 04/07/2022
Court: District Court (E.D. Mo.)
Date Filed: 04/07/2022
Court: District Court (E.D. Mo.)
Date Filed: 04/11/2022
Court: District Court (E.D. Mo.)
Date Filed: 04/15/2022
Court: District Court (E.D. Mo.)
Date Filed: 04/18/2022
Court: District Court (E.D. Mo.)
Date Filed: 04/18/2022
Court: District Court (E.D. Mo.)
Date Filed: 04/29/2022
Court: District Court (E.D. Mo.)
Date Filed: 05/09/2022
Court: District Court (E.D. Mo.)
Date Filed: 05/11/2022
Court: District Court (E.D. Mo.)
Date Filed: 08/05/2022
Court: District Court (E.D. Mo.)