The lawsuit attacked the Novato school district for presenting the theatre company’s show in two elementary schools. The show, entitled “Cootie Shots: Theatrical Inoculations Against Bigotry,” is a series of plays, poems and songs illustrating the hurtful effects of name-calling and strategies for coping with intolerance in a school setting. In one entertaining alternative to a traditional fairy tale, a tomboy encounters Rapunzel in her tower and persuades her to play outside instead of waiting for her prince.

“The school district did not violate anyone’s rights,” said Julia Harumi Mass, staff attorney with the ACLU of Northern California. “In fact, providing diversity education is an important way to protect students from discrimination and harassment. In a state as diverse as California, these programs are urgently needed to make our schools safe and fair for all students.”

“As community members, we know that diversity education which represents all parts of our community is the best prevention against teasing, bullying and hate behavior,” said Annan Paterson, co-chair of United for Safe Schools Novato. “We applaud the efforts of our school district to provide programs such as ‘Cootie Shots’ and want these educational opportunities to continue.”

Students, parents, and educators throughout California and in other states have enthusiastically received the Cootie Shots show, but a small group of Novato parents objected to the show, claiming that they had a right to prevent their children from seeing it. United for Safe Schools Novato and Fringe Benefits decided to intervene and help the school district defend the lawsuit and its right to educate children about the values of diversity and acceptance.

National Center for Lesbian Rights joins the ACLU in representing the theater group and United for Safe Schools Novato. NCLR is the only national public interest law center dedicated to achieving full civil and human rights for all lesbians through a program of litigation, public policy, advocacy, community education, and free legal advice and counseling. “As advocates for lesbians, gay men, bisexual and transgender individuals, NCLR strongly supports the Novato school district’s efforts to increase tolerance on campus through creative programs like ‘Cootie Shots,’” said NCLR lawyer Courtney Joslin.

“Schools have an obligation to try to prevent harassment and promote diversity,” said Tamara Lange, staff attorney with the national ACLU’s Lesbian and Gay Rights Project. “We are concerned that this type of litigation will discourage schools from using valuable educational tools to protect kids in the future.”

The case is pending in United States District Court for the Northern District of California.