Judge rules on lawsuit against Williamson County Board of Education

Last week, the chancery court of Williamson County ruled on a lawsuit filed in August 2023 on behalf of a group of parents against the school board for  Williamson County Schools because of the board’s decision at the time to retain five books that were challenged under the state’s Age-Appropriate Materials Act. 

Judge Deanna Hood granted the parents’ Writ of Mandamus against the school board  and dismissed all other claims, asking the board to reconsider the books under the specific questions of the Age-Appropriate Materials Act. 

District 61 State Rep. Gino Bulso, who represented the parents in the case, called the decision a “huge win for Williamson County parents and students.” 

"Books that promote transgender ideology have absolutely no place in our kindergarten school libraries," said Bulso in a news release.  "Likewise, books that are so obscene that they cannot be read aloud during a school board meeting have no place in our middle and high school libraries. The six  courageous parents who cared enough about the school children of this community to bring this case deserve our thanks."

The lawsuit came in the midst of multiple amendments to the state’s Age-Appropriate Materials Act, the most recent of which took effect last July. 

The 2022 Act originally required school boards to form processes to develop and periodically review their school library collections and to receive and evaluate complaints from staff or parents about library materials and remove those materials if they are deemed inappropriate. The most recent amendment defines inappropriate materials as any materials that “in whole or in part contains nudity, or descriptions or depictions of sexual excitement, sexual conduct, excess violence, or sadomasochistic abuse.”

In June 2023, the WCS board addressed parent objections to “The Perks of Being a Wallflower,” “Where the Crawdads Sing,” “Speak,” “The Field Guide to the North American Teenager,” and “Extremely Loud and Incredibly Close.”

At the time, two committees reported to the board that they could not determine “the level of objectionable content … that would dictate the removal of a book,” and both committees recommend the board not remove the books from WCS libraries. After discussion, the WCS board voted in line with this recommendation not to remove the books, spurring the lawsuit. 

Hood’s ruling found “the Board’s conduct was a combination of being both arbitrary and oppressive,” and refused to assume the jurisdiction placed upon it. 

“The decisions were arbitrary and oppressive because the committees stated that they had no standard on which to make their decision and the members found that these texts were inappropriate, and yet, they still voted in favor of allowing the books to stay in the schools,” the court memo reads. 

Lisa Carson, who represented WCS in the case, said the board will follow the Court’s directive, but that does not necessarily mean the books in question will be removed. 

“Judge Hood has not directed that the board arrive at any particular outcome as to the five books, but rather has ordered that the board directly answer the specific question under the Age-Appropriate Materials Act of whether these books are age appropriate for WCS students,” Carson said. 

It’s currently unclear when the board will revisit this question and how it will vote with five newly elected members. Bulso, however, said he and the parent petitioners are “confident that the newly elected school board will comply with state law and will ensure that the materials in our school libraries are well suited to the age and maturity of the students who have access to them.”