Judge to Consider School Board ‘Privilege’

By The News Service of Florida

A federal judge next week will consider a renewed attempt to shield Escambia County School Board members from testifying about a decision to remove the children’s book “And Tango Makes Three” from school libraries.

U.S. District Judge Allen Winsor is scheduled to hold a hearing Sept. 4 on a motion for a protective order aimed at preventing depositions of school board members. Attorneys for the school district contend that board members are shielded by what is known as “legislative privilege” from having to testify. The motion came after Winsor on July 10 rejected an attempt to shield the board members — but said the board could file a revised request. The new motion was filed July 24.

The book’s co-authors, Peter Parnell and Justin Richardson, and a student identified by the initials B.G. are challenging the district’s removal of “And Tango Makes Three,” arguing that the decision violated First Amendment rights. As part of that, the plaintiffs’ attorneys have sought to depose school board members.

“And Tango Makes Three” tells the story of two male penguins who raised a penguin chick at New York’s Central Park Zoo. The lawsuit contends, at least in part, that the book was targeted for depicting same-sex parents raising a child.