Thursday, May 22, 2008

Florida: Okeechobee GSA trial reinstated

FOLLOWUP: read previous article

by Steve Rothaus
The Miami Herald

A federal judge in Florida has reinstated an ACLU lawsuit on behalf of students at Okeechobee High School who are trying to form a gay-straight alliance (GSA). The case, which started back in November 2006, was dismissed earlier after the only remaining member of the GSA transferred out of the school. At that time, the court dismissed the case even though a new student came forward wanting to participate in the GSA. Although we had argued that the former students should be able to proceed because they were entitled to nominal damages, the court disagreed.

We asked the court to reconsider its decision. The court did something courts don’t do that often: it completely changed its mind. The Court reinstated the lawsuit, which is now scheduled for trial in September. And perhaps best of all, the court said it will now allow the former members of the GSA to proceed in the case for nominal damages.

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