NASHVILLE, Tenn. (Legal Newsline) — The Tennessee Education Association (TEA) is claiming the state's Prohibited Concepts Ban and regulations are unconstitutional.
The TEA and others filed a complaint July 25 in the U.S. District Court for the Middle District of Tennessee against Lizzette Gonzalez Reynolds, in her official capacity as Commissioner of the Tennessee State Board of Education, and others, alleging violation of the Fourteenth Amendment and other claims.
According to the complaint, the plaintiffs are TEA members who are pre-kindergarten through 12th grade educators in the State of Tennessee. They claim that Tennessee's Prohibited Concepts Ban and its regulations that restrict references to race, gender and other subjects in the state's public schools is "unconstitutionally vague" and violates the Fourteenth Amendment.
The plaintiffs allege that the ban poses a threat to teachers who have been faced with the threat of students or parents triggering enforcement under the bill's "ill-defined standards." They further allege they risk disciplinary proceedings when teaching even subjects that are required and that teaching certain concepts, particularly about slavery, are impossible.
The plaintiffs claim the ban deprives students of information, ideas, skills and a "historical understanding" in their civic education and threatens the livelihoods of thousands of public school teachers who risk loss of their teaching licenses.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by David Esquivel, and Jeremy Gunn of Bass, Berry & Sims PLLC in Nashville; Carey Dunne, Kevin Trowel and Martha Reiser of The Free and Fair Litigation Group Inc., in New York City; Frances Bivens and Pascale Bibi of Davis Polk & Wardwell LLP in New York City; and Richard Colbert of Kay Griffin Evans PLLC in Nashville.
U.S. Distrct Court for the Middle District of Tennessee case number 3:23-CV-00751