“This outcome is a great victory for the District, Fringe Benefits and the parents and students in Novato who are concerned about fostering tolerance in their community,” said Julia Harumi Mass, staff attorney with the ACLU-NC. “The plaintiffs’ decision to walk away at this stage of the case shows that their claims were baseless to begin with and sends a message throughout the state that schools have the authority to require mandatory attendance in tolerance-building and diversity education programs.”

Students, parents, and educators in over a hundred schools throughout California and other states have enthusiastically received “Cootie Shots,” but a small group of Novato parents objected to the show, claiming that it violated their religious rights and therefore 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. The ACLU of Northern California (ACLU-NC), ACLU of Southern California (ACLU-SC), National ACLU Lesbian & Gay Rights Project and the National Center for Lesbian Rights (NCLR) represented the groups. On July 11, 2003 the U.S. District Court of Northern California granted a motion allowing the theatre company and the parent group to intervene as defendants in the case.

"For parents, students, and community members, dismissal of this case is a real victory," said Annan Paterson, co-chair of United for Safe Schools Novato (USSN). "USSN has consistently supported the District's proactive efforts, such as the Cootie Shots presentation, to increase respect and safety on our campuses. It's a shame the plaintiffs in this case, a small group of parents, tried to stop this important work. In reality, our community supports diversity education and we will continue to move forward for all children."

Fringe Benefits Artistic Director, Norma Bowles added: "Having based Cootie Shots on studies by the National Educational Association and the American Psychological Association, we already knew that it is an important, age-appropriate program for addressing diversity and discrimination issues with young children. Today’s victory confirms that school districts need not fear litigation in response to using this valuable educational tool.”
This is a tremendous victory for schools and students,” said Courtney Joslin, staff attorney at the National Center for Lesbian Rights. “This result affirms the ability of schools to use anti-bias and diversity education to ensure that schools are safe for all students, including lesbian and gay students.”