1 Stamped Complaint
1 Stamped Complaint
Defendants.
INTRODUCTION
created a so-called “Inclusive Poster Series” which included two posters with the political
slogan, “Black Lives Matter.” The two posters also state: “At Lakeville Area Schools we
believe Black Lives Matter and stand with the social justice movement this statement
represents. This poster is aligned to School Board policy and an unwavering commitment
2. ISD 194 stated to Plaintiff Bob Cajune that “the inclusive posters were
requested by many staff and families in our school communities and was a project included
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within the district’s inclusion work this school year,” and was “fully supported by our
Board of Education.”
3. When other ISD 194 taxpayers, such as Bob Cajune, asked that alternative
ideological viewpoints be presented alongside the Black Lives Matter posters, such as
“Blue Lives Matter” or “All Lives Matter,” ISD 194 refused to allow these rival
viewpoints, stating “[ISD 194] does not approve of All Lives Matter or Blue Lives Matter
posters in the classrooms or other areas of the school, and teachers/school staff are not
allowed to wear shirts with these sayings to school;” and “the All Lives Matter and Blue
Lives Matter mottos were created specifically in opposition to Black Lives Matter” and
that those messages “effectively discount the struggle the Black students have faced in our
school buildings and that Black individuals face in our society as a whole.”
4. By posting the messages of the Inclusive Poster Series in ISD 194’s hallways,
ISD 194 approves of and allows the private expression of District taxpayers, students, and
staff who support the political ideology of the “Black Lives Matter” movement and
organization. At the same time, ISD 194 suppresses divergent viewpoints, such as
Plaintiffs’.
5. The link between the phrase, “Black Lives Matter” and the political
movement are inextricably intertwined in the minds of the public. Nine-year-old students
understand this. Plaintiff N.W. is a nine-year-old student of ISD 194 who stated in ISD
194’s June 8, 2021 board meeting: “We all know changing the font or the color of posters
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does not change the meaning. I am 9 years old, and I know that. You expect me to believe
that you did not know what you were doing by making these posters? Come on, people.” 1
6. N.W. also stated at that Board meeting that ““I do not judge people by the
color of their skin, I don’t really care what color their hair, skin, or eyes is. I judge by the
way they treat me….I do not care or look at the color of skin, but you make me think of it.
I have Asian, Mexican, white, Chinese, black friends and I don’t care. I like them because
some of them make me laugh, some are sweet and kind, sporty, or share the love of God.
They are just my friends. You have lied to me and I am very disappointed in all of you.”
(emphasis added).
with certain individuals from ISD 194 and outside the District on an event for the upcoming
fall called “Different Places, Beautiful Faces,” which ISD 194’s Equity Coordinator told
Cynthia Cajune was to “highlight the diversity of our community, as well as to celebrate
People of Color and Indigenous people in Lakeville and its surrounding communities.” But
when Ms. Cajune sought to include all ethnic backgrounds in the event, those controlling
the event declared that “our interests are not aligned” and signed off with, “Black Lives
Matter.”
8. ISD 194 has instructed children as young as fifth grade that structural racism
dominates our society and that Black Lives Matter is a political movement.
1
https://www.washingtonexaminer.com/news/viral-video-minnestota-black-lives-matter-
posters-schools.
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creates a hostile educational environment for students like N.W.. Plaintiffs seek an end to
PARTIES
10. Plaintiffs Bob and Cynthia Cajune are taxpayers who at all relevant times
were residents within ISD 194 and paid taxes which were forwarded to Defendant ISD 194.
association consisting of ISD 194 residents and taxpayers, including Bob and Cynthia
Cajune and the John Doe and Mary Roe Plaintiffs. LION 194 is a faith-based, grassroots
organization established by Lakeville parents advocating for the children in ISD 194. Its
mission is to foster a school environment that focuses on unity, facts, and the ability to use
critical thinking skills. LION 194 has associational standing to sue the Defendants in this
matter.
12. Plaintiff Kalynn Kay Aker is the parent and guardian of N.W., a minor. They
reside within ISD 194. N.W. attends school within ISD 194. Ms. Aker pays taxes that are
13. Plaintiffs John Doe #1 and Mary Roes #1-7 reside within ISD 194 and pay
taxes that are allocated to ISD 194. They seek to remain anonymous for fear of reprisal
from others in the community, including people who intentionally interfered with
contracts.
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school district authorized by and constituting a political subdivision or agency of the State
of Minnesota and has at all relevant times operated the public schools in Lakeville.
15. Defendant Michael Baumann has at all relevant times been the
16. This Court has jurisdiction over this complaint under 28 U.S.C. §§ 1331,
2201, 1343(a)(3), 1343(a)(4), and 1367 because this case presents a substantial question of
federal law arising under the United States Constitution and its state law claim forms part
of the same case or controversy, specifically whether Defendants’ speech and exclusionary
conduct violates the United States Constitution’s guarantee of free speech, Title VI of the
17. This Court has authority to issue a declaratory judgment and to order
injunctive relief and other relief that is necessary and proper pursuant to 28 U.S.C. §§ 2201
and 2202.
substantial part of the events giving rise to this claim occurred in this district, Defendants
maintain one or more offices and employees in this district, a substantial part of the
property subject to this action is situated in this district, and a plaintiff resides in this
district.
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to ISD 194 educators in which he interpreted ISD 194 Policy 535 to prohibit teachers from
displaying in their classrooms posters containing the phrase “Black Lives Matter.”
20. Despite this contrary policy, around April 2021, ISD 194 approved an
“Inclusive Poster Series” that consisted of eight distinct posters, two of which included the
phrase “Black Lives Matter.” These “Black Lives Matter posters also included the
statement: “At Lakeville Area Schools we believe Black Lives Matter and stand with the
social justice movement this statement represents. This poster is aligned to School Board
policy and an unwavering commitment to our Black students, staff and community
separatist slogan that identifies Black Americans as “part of the global Black family” and
https://web.archive.org/web/20200917194804/https://blacklivesmatter.com/what-we-
believe/ (last visited July 23, 2021). The group “Black Lives Matter at School,” for
https://www.blacklivesmatteratschool.com/starter-kit.html; https://www.blacklivesmatter
“antiracism” can be summed up by the words of Ibram X. Kendi, the author of “How to Be
an Anti-Racist”:
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Kendi, Ibram. “Ibram X. Kendi defines what it means to be an antiracist,” Penguin June 9,
definition-of-antiracist.html (last visited July 23, 2021). The phrase “Black Lives Matter”
and its part in the “social justice” movement is indistinguishable from these tenets.
22. ISD 194 states in its 2020-2023 Achievement and Integration Plan that it
23. On April 13, 2021, during the Equity Update portion of the ISD 194 Board
Regular Meeting, the purpose of the Inclusive Poster Series was given as “to support staff
in creating school communities where students are respected, valued and welcome.”
24. On April 26, 2021, Plaintiff Bob Cajune sent an email to Lydia Lindsoe,
Equity Coordinator for ISD 194, inquiring about the Inclusive Poster Series program and
whether posters displaying “All Lives Matter” and “Blue Lives Matter” could be displayed
25. That same day, on April 26, 2021, Lydia Lindsoe replied in email, stating,
pertinently:
a. “[ISD 194] does not approve of All Lives Matter or Blue Lives Matter
posters in the classrooms or other areas of the school, and teachers/school
staff are not allowed to wear shirts with these sayings to school;”
b. the “purpose of the inclusive poster series is to create unity and ensure a sense
of belonging for every student by affirming a wide variety of student
identities;”
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c. “the inclusive posters were requested by many staff and families in our
school communities and was a project included within the district’s inclusion
work this school year,” and was “fully supported by our Board of Education”
(emphasis added);
d. “the All Lives Matter and Blue Lives Matter mottos were created
specifically in opposition to Black Lives Matter” and that those messages
“effectively discount the struggle the Black students have faced in our school
buildings and that Black individuals face in our society as a whole;”
e. “the history of Black people in America is singular and needs to be
acknowledged;”
f. “it is important that we specifically affirm Black students in our schools;”
and
g. because “Black people experience [“violence, racism, and oppression”] at
the highest rate” and “[n]o other group was ever categorized as property or
chattel, and the historical consequences of that experience are real and
continue to be felt today,” ISD 194 “does not approve All Lives Matter
posters or Blue Lives Matter posters in classrooms.”
26. According to public reports, “The district said the poster series went through
a review process with focus groups that included students, school staff, school building
27. Based on ISD 194’s statement on the Black Lives Matter posters themselves
these posters is intended to promote the political organization Black Lives Matter and its
position in the “social justice movement,” which, to a reasonable member of the public,
means that ISD 194 supports the viewpoint of Black Lives Matter and its Marxist and Black
separatist, supremacist, and racist ideology that is hostile to White people as well as
28. Again, nine-year-olds within ISD 194 understand this. N.W. told the School
Board at a recent meeting that its imposition of the Black Lives Matter posters in Lakeville
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schools makes her think of the political movement and its judgment of people based on the
color of skin.
29. Further, Defendants’ argument to Plaintiff Cajune for excluding the phrases
“All Lives Matter” and “Blue Lives Matter” acknowledges that Defendants understand that
the phrase “Black Lives Matter” is associated with the private political organization of the
same name, and, moreover, acknowledges that they intend that association to be understood
30. In addition, because the posters “were requested by many staff and families
in our school communities,” they are favored private speech of certain members of the ISD
194 community.
31. The District’s other actions indicate its knowledge and support of the racially
biased goals of the Black Lives Matter political organization and ISD 194’s commitment
to viewpoint discrimination.
acknowledges that the display of the phrase “Black Lives Matter” carries political
significance in violation of ISD 194 Policy 535’s prohibition on “conduct that is intended
33. In addition, when Plaintiff Cynthia Cajune proposed that all cultures, such as
Japanese, Norwegian, Dutch, Irish, and so on be represented in an event in which ISD 194
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is participating, ISD 194’s equity coordinator at first stated, “I like where you are going”
and then connected her with those leading the planning for the event.
34. But when Ms. Cajune asked those to whom ISD 194 referred her about being
part of the planning committee for the event, the response was cold:
Let me be explicitly clear about the goal and objective of this committee and
event: Our committee is focused on centering equity and bringing awareness
to the beautiful diversity from the BIPOC community that is becoming
lakeville. Fortunately for European heritage and culture, it is represented and
overly represented 365 days a year and has been for centuries. This is not the
space for that. This event will only focus on the Cultures and Communities
of Color that are underrepresented, specifically the BIPOC community….
Finally, let me also be explicitly clear: our interests are not aligned. So while
there is no place for you or your husband on this committee, you are welcome
to attend the event in October and be enlightened….
The writer of this email signed off with the tag line, “Black Lives Matter.”
35. After Ms. Cajune followed up with ISD 194 seeking to know to what extent
ISD 194 is “collaborating” with this racially biased event and apparently ISD-194-
supported event, ISD 194 went silent and failed to respond to her request for clarification.
36. ISD 194 has also contracted with “equity consultants” who presented to
District essential tenets of Critical Race Theory, such as the premise that “Race Neutral”
policies and practices “continue to uphold a system where Black, Indigenous, and people
people.”
37. As just one other example, ISD 194 has shown to fifth-grade students at
Eastview Elementary a video from the “BrainPOP” collection that states that “structural
racism” in America “makes life easier for White people and more difficult for Black people
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and People of Color.” That same video told these fifth-graders that “Black Lives Matter
grew into a movement” and praised the City of Minneapolis’ 2020 resolution to dismantle
38. By displaying the two posters bearing the organizational slogan for Black
Lives Matter, ISD 194 violated its own policy against engaging in “conduct that is intended
Defendants have made that property a designated public forum and must abide by “the
same standards as apply in a traditional public forum,” Perry Educ. Ass’n, 460 U.S. at 46,
“ensuring equality of treatment toward all candidate[s] and issues.” ISD 194 Policy
535(IV)(C)(2).
40. By refusing to allow Plaintiffs to display the phrases “All Lives Matter” and
posters has the effect of inciting a racially hostile school environment in violation of Title
and students like her because it promotes racism and racial inequality, instead of unity and
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equality. The racially hostile environment created by Defendants leads N.W. and students
COUNT I
42 U.S.C. §§ 1983, 1988; FIRST AMENDMENT VIOLATION
43. Plaintiffs reallege and incorporate by reference the allegations set forth above
44. “It is axiomatic that the government may not regulate speech based on its
of Virginia, 515 U.S. 819, 828 (1995). When the government discriminates in this way,
subject matter, but particular views taken by speakers on a subject.” Id. at 829. Thus, the
government “must abstain from regulating speech when the specific motivating ideology
or the opinion or perspective of the speaker is the rationale for the restriction.” Id.;
subject category—the government has singled out a subset of messages for disfavor based
on the views expressed.” Matal v. Tam, 137 S. Ct. 1744, 1766 (2017) (Kennedy, J.,
concurring in part).
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47. Defendants designated ISD 194 school property as de facto designated public
forum when they displayed on ISD 194 school property signs bearing the organizational
prohibited them from displaying on ISD 194 school property posters with the phrases “All
Lives Matter” and “Blue Lives Matter” because those posters constitute the same “subject
49. Defendants violated Plaintiffs’ First Amendment Free Speech rights when
COUNT II
VIOLATION OF TITLE VI (HOSTILE EDUCATIONAL ENVIRONMENT)
50. Plaintiffs reallege and incorporate by reference the allegations set forth above
51. Upon information and belief, ISD 194 receives federal funding and is subject
52. Defendants have subjected students at ISD 194 to severe, pervasive, and
posters bearing the organizational slogan “Black Lives Matter,” a private political
organization advocating a Marxist and Black separatist, supremacist, and racist ideology
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53. Plaintiff N.W. publicly stated the impact of these posters—that they caused
her to think of distinctions between people based on the color of their skin, instead of the
54. Plaintiff N.W. also publicly stated that these posters invoke “getting rid of
55. The harassment has a systemic effect on education within the District as a
whole.
56. Defendants have control over the source of harassment and the environment
57. Defendants know of the harassment and are not only deliberately indifferent
COUNT III
VIOLATION OF ISD 194 POLICY 535
59. Plaintiffs reallege and incorporate by reference the allegations set forth above
60. ISD 194 Policy 535 states that the District and its employees shall not engage
opposing specific political issues or political candidates.” ISD 194 Policy 535(IV)(A)(5).
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61. Defendant Baumann himself issued a memo to ISD 194 educators in which
he interpreted ISD 194 Policy 535 to prohibit teachers from displaying in their classrooms
62. Nonetheless, ISD 194 is violating that policy by posting “Black Lives
RELIEF REQUESTED
display posters on ISD 194 school property stating “All Lives Matter” or “Blue Lives
Matter,” while “Black Lives Matter” posters are allowed, violates their First Amendment
Matter” posters violates Title VI of the Civil Rights Act by creating a hostile educational
environment;
displaying the “Black Lives Matter” organizational slogan posters, or in the alternative
allowing Plaintiffs’ viewpoint, including “All Lives Matter” and “Blue Lives Matter,”
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Plaintiffs prevailing in this litigation and after an appropriate motion, pursuant to 42 U.S.C.
§ 1988;
prevailing in this litigation and after filing of a notice of taxation of costs and
disbursements;
G. Grant Plaintiffs such other and further relief as the court deems appropriate.
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