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American Civil Liberties Union (ACLU) has alleged that Wimberley ISD is violating the First Amendment in actions taken by the school district in an attempt to enforce a copyright claim on the high school logo.
In the first public statement from the district since the controversy emerged earlier this week, Wimberley ISD Superintendent Dwain York called for the community to come together.
“As we begin this new year, Wimberley ISD wants to bring this community together, and if any actions that we have taken contributed to any disharmony, all of us at WISD take to heart our leadership role in bringing about unity,” Wimberley ISD Superintendent Dwain York said in a statement. “We ask all of you to come together to work with us to make this a priority. Our goal is to be fair and consistent with each and every student, teacher, employee, parent and community member. We know that together, we can continue to be the harmonious, inclusive and welcoming school district that attracts the best teachers and highest achieving students in the state. My doors are always open, and I look forward to face-to-face conversations with anyone who has concerns, ideas or solutions for making WISD better for every student.”
The Wimberley Texan logo was modified to appear in front of a rainbow flag, instead of a Texas flag, in support of the first Pride March in Wimberley in the fall of 2019. This use of the logo resulted in a grievance hearing against Wimberley ISD Board of Trustee Lori Olson, which has since been completed.
After the hearing, York sent letters to people who had posted the altered logo online. The ACLU included the text in one of the letters in a document sent to the school district. The ACLU response was initially reported by CBS Austin. The letter included states:
“Wimberley ISD is aware that you are using and displaying an altered Texan logo, and while this is a serious concern, WISD is prepared to resolve this matter amicably. These marks can only be used in accordance with CY Local Policy, with Superintendent permission and consistent with WISD brand guidelines.
“We request that you immediately take down the altered Texan logo on social media or in print. Failure to do so by Jan. 6, will result in a cease and desist letter from the WISD attorney.”
The ACLU states in its letter to the school district that it believes this action violates the First Amendment.
“By taking legal action against Wimberley ISD parents who have voiced their support for LGBTQ rights, the school district is violating the First Amendment in multiple ways: by chilling protected speech, by discriminating against a particular viewpoint, and by engaging in impermissible retaliation against Wimberley parents. Regardless of whatever copyright or trademark claims the district puts forward, posting an image of the rainbow flag and Texans logo on Facebook to express support for LGBTQ students falls squarely within the ambit of the ‘fair use’ doctrine and constitutionally protected speech. Wimberley ISD therefore may not take any action against parents and community members who have posted this image online, and should immediately abandon its efforts to silence free speech and retaliate against people based on the content of their posts online.”
A representative from Wimberley ISD stated that the district’s attorneys are preparing a response to the ALCU letter.
The ACLU said in its statement “In order to avoid significant legal liability at the detriment of Wimberley taxpayers, students, and parents, the school district should immediately cease taking adverse action against anyone who has posted the altered logo and send a retraction to everyone who received the letter from Superintendent York. By taking these steps, Wimberley ISD can continue its mission of empowering and inspiring students while respecting the First Amendment freedoms of every Wimberley resident.”
Editor’s Note: The ACLU has published the entire letter sent to WISD online. View it below.
