Todd & Weld Attorneys Secure Major Ruling Allowing Constitutional Claims to Proceed in Case Involving Efforts to Remove “Gender Queer” From School
Todd & Weld LLP attorneys Howard Cooper, Benjamin Wish, Maria Davis, and Shayne Lotito are representing former Berkshire County middle school teacher Arantzazú Zuzene Galdós-Shapiro, who is pursuing constitutional and defamation claims arising from police actions taken after a school janitor reported that she possessed the graphic memoir Gender Queer in her classroom.
In a recent decision, U.S. District Court Judge Mark G. Mastroianni largely denied the defendants’ motion to dismiss, allowing Ms. Galdós-Shapiro to proceed on her core claims under the First Amendment, Fourth Amendment, Equal Protection Clause, and the Massachusetts Civil Rights Act against the Great Barrington Police Chief and one of his officers.
Judge Mastroianni found that Ms. Galdós-Shapiro had plausibly alleged that the police initiated and conducted an intimidating inquiry into her possession of the book, activity protected by the First Amendment, and that the conduct described constituted an adverse action capable of deterring protected expression. The Court emphasized longstanding Supreme Court precedent barring government actors from using state power to suppress disfavored speech.
The Court also held that the allegations, taken as true at this stage, established a Fourth Amendment “seizure” when an officer closed the classroom door, activated his body camera, and questioned Ms. Galdós-Shapiro in a manner suggesting she was not free to leave. Qualified immunity did not shield the officers from the claims at this early stage of litigation.
Todd & Weld partner Benjamin J. Wish, who represents Ms. Galdós-Shapiro along with colleagues at the firm, noted that even minimal investigation would have revealed that Gender Queer is an award-winning, age-appropriate memoir widely recognized for its literary and educational value.
Ms. Galdós-Shapiro also alleged that similarly situated teachers who were not members of marginalized communities possessed the same book without being subjected to police scrutiny, supporting her equal protection claim. In addition, the Court granted her leave to add a defamation claim arising from a press release issued by the police chief that, she alleges, falsely implied that she exposed children to obscene material.
“This ruling represents a significant step forward in seeking accountability for the serious harms Ms. Galdós-Shapiro suffered,” said Mr. Wish. “The Court recognized that the complaint presents substantial constitutional and reputational claims that deserve to proceed.”
Ms. Galdós-Shapiro, who has since relocated out of Massachusetts, stated in a press release through counsel that she is grateful for the opportunity to pursue justice: “We should not have to live in fear of expressing ourselves about issues important to our lives.”
Todd & Weld will continue to advocate vigorously on her behalf as the case moves forward.
To read coverage of the case in Massachusetts Lawyers Weekly, click here:
masslawyersweekly.com/civil-rights-gender-queer-teacher-lawsuit/