DETROIT LAKES — As Detroit Lakes Public Schools Superintendent Mark Jenson informed school board members at a Tuesday morning work session, the American Civil Liberties Union-Minnesota has sued the district over its so-called "Rainbow Ban."
The ACLU-MN and its pro bono partner — the law firm of Lockridge-Grindal-Nauen of Minneapolis — have filed a complaint in Becker County District Court on behalf of two Detroit Lakes students through parents Amber Estenson and Nicole Hadding. The students assert claims for the violation of their right to free speech and equal protection under the Minnesota State Constitution, for discrimination and harassment in violation of the Minnesota Human Rights Act, and for violation of Minnesota’s Open Meeting Law.
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“We filed this lawsuit because the Rainbow Ban casts a pall over the entire Detroit Lakes School District, chilling speech in support of LGBTQ+ students and families, who deserve to be cared for, valued, and protected,” Catherine Ahlin-Halverson, ACLU-MN deputy legal director, said in a news release. “We are asking the court to halt the Rainbow Ban so that LGBTQ+ students in Detroit Lakes can freely express their identities and experience a safe and inclusive school environment, which is their right.”
“We still remember our own teachers who used rainbow flag stickers to show their support for the LGBTQ+ community, and those little stickers made a big impact on creating an environment that felt safe," said Kate Baxter-Kauf, Olivia Levinson, and Derek Waller of Lockridge Grindal Nauen. "We and our colleagues at LGN are proud to support the families in this case, the Detroit Lakes community, and our colleagues at ACLU-MN as they defend their rights to safe and inclusive schools.”
The news release declared, "Debate and board member media interviews revealed that the four board members who supported the Rainbow Ban did so because of their anti-LGBTQ+ bias — they wanted to remove not just the 2x3 rainbow stickers, but any other expression of LGBTQ+ identity or support at school."
"The Detroit Lakes community showed up to the board’s August meeting with an outpouring of support for LGBTQ+ students," the news release added, "but the board refused to approve a resolution postponing implementation of the ban."
The plaintiffs are seeking a ruling that the ban violates students' constitutional rights, and that board members John Steffl, Michelle Okeson, Michael Walther and Sanford Nelson violated the Minnesota open meeting law, "through their public coordination of the LGBTQ+ Pride Ban," according to the news release.
In addition, they are seeking a permanent injunction requiring that the ban be reversed, that any materials that were removed because of the ban be restored, and that civil penalties be imposed against the four board members who voted for it, as well as reimbursement of reasonable attorneys' fees and costs, as well as "all other relief the court deems just and proper."
It asks for civil penalties (under Minnesota Statutes § 13D.06, subd. 1) of up to $300 apiece for the four school board members who voted to enact the ban, a fine that the school district cannot legally pay on their behalf. And it asks for attorney fees up to $13,000 under the same statute.
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The 24-page civil complaint was filed on Tuesday and demands a trial by jury.
Supt. Jenson issued this statement via email late Tuesday afternoon: "The School Board continues to have discussion at public meetings about expectations and standards for the display of materials in schools, most recently at a public work session this morning. In light of this ongoing discussion and in accordance with verbal direction provided at the August 24, 2026 School Board meeting, the District’s administration has not directed the removal of any materials from schools based on the July 2026 motion. The District has no further comment on this matter in light of the pending litigation."