ACLU tells Nixa schools to preserve evidence, warns of possible lawsuit over book bannings

Andrew Sullender
Springfield News-Leader
Some parents want these 15 books removed from the Nixa High School Library.

In book banning fallout, the American Civil Liberties Union looks to be on the verge of suing Nixa Public Schools — with the ACLU asking the district to preserve any evidence while the nonprofit mulls litigation.

The formal "Demand of Preservation" requires Nixa schools to preserve "all tangible and electronic evidence and the suspension of routine destruction of documents that relate to the review and removal of books and other written materials from school libraries."

The ACLU's demand comes after Nixa's school board voted last week to ban queer memoirs "Fun Home: A Family Tragicomic" and "All Boys Aren't Blue: A Memoir-Manifesto" from their high school library.

In total, 16 books have been challenged by parents for their sexual themes and content. In addition to the two banned books, several of the 16 have been restricted meaning they will be provided to a student with parental permission.

In their press release about the potential litigation, the ACLU noted many of the banned and restricted books were authored by non-white and LGBTQ+ authors and "featured minority viewpoints."

“The First Amendment not only protects our rights to express and share ideas and information, it also protects students’ rights to access and receive information,” said Gillian Wilcox, ACLU of Missouri deputy director for litigation, in a statement.

“It is especially concerning that the recent, coordinated book bans largely focus on authors of racial and sexual minority communities. The ACLU of Missouri will always stand up for students’ and teachers’ First Amendment rights, including their right to talk and learn about race and gender in school.”

Citizens with a complaint against Nixa Public Schools related to potential violation of their rights may notify the ACLU of Missouri by filling out an online complaint form at https://www.aclu-mo.org/en/legal-help.

More:Nixa school board bans queer memoirs 'Fun Home' and 'All Boys Aren't Blue,' restricts others

Which books were requested to be banned? 

This year, there have been 17 requests in Nixa involving 16 books, nearly all of which were written in the past two decades:

  • "All Boys Aren't Blue: A Memoir-Manifesto" by George Matthew Johnson, 2020 
  • "Black Girl Unlimited: The Remarkable Story of a Teenage Wizard" by Echo Brown, 2020 
  • "Homegoing" by Yaa Gyasi, 2017
  • "Out of Darkness" by Ashley Hope Pérez, 2015
  • "Blankets" by Craig Thompson, 2015
  • "Beyond Magenta: Transgender Teens Speak Out" by Susan Kuklin, 2014
  • "The Infinite Moment of Us" by Lauren Myracle, 2014
  • "Windup Girl" by Paolo Bacigalupi, 2009
  • "13 Reasons Why" by Jay Asher, 2007
  • "Fun Home: A Family Tragicomic" by Alison Bechdel, 2006
  • "The Glass Castle: A Memoir" by Jeannette Walls, 2006
  • "Looking for Alaska" by John Green, 2006
  • "Crank" by Ellen Hopkins, 2004
  • "The Perks of Being a Wallflower" by Stephen Chbosky, 1999
  • "The Handmaid's Tale" by Margaret Atwood, 1985
  • "Bluest Eye" by Toni Morrison, 1970

The Nixa school district declined to comment on possible or pending litigation related to the school board's removal of the books.

More:Photos: Nixa school board votes to bans books, restrict another

Complaints against the books stem from private Facebook group "Concerned Parents of Nixa," which has 250 members. According to its public description, the group formed with the goal of "fighting questionable books, curriculum and other materials such as sex education in Nixa Public Schools."

The Nixa parent who made the requests to remove the banned books wrote on Facebook that she anticipated a lawsuit.

"Two books were voted to be removed: Fun Home & All Boys Aren’t Blue! One book was voted to be restricted (parental permission required): Homegoing! Thank you, Lord! And thank you prayer warriors! We expect the ACLU will sue Nixa. We have retained free legal counsel. Please continue to pray for our district and the board to remain strong!!!" Carissa Corson wrote on Facebook after last week's vote.