An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.

Shepard Scalf in the filing says he was assigned female at birth but identifies as male.

According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans. 

Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.

During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.

On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired. 

According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”

“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”

According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.

In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.

The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.

“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”

Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ+ people.

“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ+ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ+ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Los Angeles Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ+ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ+ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ+ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ+ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ+ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.

Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.

In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.

“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”

Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.

In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.

“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”

In a longer message shared with supporters, organizers elaborated on that now-reversed decision.

“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.

“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”

GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.

Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.

Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.

Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.

Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.

Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.

More details about this event are expected to be released on Friday.

By Mitch Perry | TAMPA, Fla. – The Florida Democratic Party boasted as candidate qualifying closed Friday that for the first time since the state Legislature flipped red three decades ago, it has a Democrat running for every state House and Senate district.

That includes Hillsborough County’s 65th House District, where Ashley Brundage hopes to make history by becoming the first transgender person elected to serve in Tallahassee.

“While I’m going to be making history on something like me and my personal life, which really has no impact on anything, but what I think is even more history-making is that I used to be the DEI person for PNC Bank and 60,000 employees as their national president of diversity, equity, inclusion,” she said on Friday, speaking on WMNF 88.5 FM radio in Tampa (on a show which this reporter participated in).

Yes, that’s right. If running as a transgender woman isn’t cutting enough against the established conservative grain in Florida politics in 2024, then touting her credentials as the “DEI candidate” certainly is.

“Florida is where DEI goes to die … ,” Gov. Ron DeSantis wrote on X in March, responding to a report that the University of Florida was eliminating all diversity, equity, and inclusion employee positions to comply with new Florida Board of Governors regulations.

That board defines DEI as “any program, campus activity, or policy that classifies individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation and promotes differential or preferential treatment of individuals on the basis of such classification.”

Brundage says her history as vice president of DEI at PNC Bank as well as her work with her own small business, Empowering Differences, which does diversity, equity, and inclusion training for companies, has shown her the benefits of such programs.

“Inclusion also shouldn’t be scary,” she said.

“Because inclusion is literally the opportunity for us to learn and grow as people. And that’s what every program I’ve ever built that had DEI in mind, was an opportunity for someone to learn about a community, and then go and sell more goods and services to make more money from that community,” Brundage continued.

“And that’s what happened when I became a part-time bank teller at PNC Bank while I was homeless, living in Tampa. I showed up on day one and, ultimately, I started building relationships in my community, and I started bringing those people to bank at PNC Bank. Because it wasn’t people they were literally marketing to immediately. So, by them practicing diversity, I became the number-one revenue producing employee for three straight years out of all of the entire bank around the country.”

Representing Tampa

House District 65 encompasses most of South and downtown Tampa, as well as a portion of northwest Hillsborough County, and has been held since 2022 by Republican Marilyn Gonzalez Pittman, who succeeded Republican Jackie Toledo.

It’s a seat that breaks down as 39% Republican, 31% Democratic, and 30% NPA (non-party-affiliated) and other third-party registered voters as of Feb. 20, according to the Florida Division of Elections.

Brundage calls those NPA voters “the secret sauce to our win.”

“And the Republicans are scared about that, because they’ve been running on all of these issues that are all about scaring people and hurting our economy long term,” she said, adding that she’s running on issues such as lowering the cost of property insurance, getting the government out of making decisions about people’s bodies, and economic empowerment for small businesses.

Brundage is running in a state not considered friendly to the LGBTQ community, to say the least. Under Gov. Ron DeSantis, Florida has been a leader in passing anti-LGBTQ laws. One of those laws, banning minors from receiving gender-affirming health care, was struck down by a federal judge in Tallahassee earlier this week.

The day after that decision, DeSantis predicted in Tampa that the state would win its appeal at the U.S. Court of Appeals for the Eleventh Circuit. “This has already been decided by the Eleventh Circuit Court of Appeals. They upheld Alabama’s law, which was almost identical to Florida’s law. This will be reversed. There’s no question it will be reversed,” the governor said.

Community award

Brundage received a “Spirit of the Community Award” for her work from the Florida Commission on the Status of Women two years ago. While DeSantis did not attend the awards ceremony in West Palm Beach, he did sign a letter telling her to “keep up the great work!”

Brundage said on Friday that the governor didn’t initially respond to media inquiries about why he had given tribute to a transgendered woman until she announced in April that she was running for a legislative seat and his team responded to the U.K. Daily Mail.

The publication wrote that “a source close to DeSantis told Daily.Mail.com that the commendation was bestowed because the governor’s team was under the impression that Brundage was a biological female. When it was revealed that was not the case, the congratulation letter was removed from the governor’s website.”

Brundage doesn’t believe that. “If he had read the actual nomination before signing the letter, he would have known” about her transgender status, she said.

Brundage is not the Democratic candidate for HD 65 yet, as she faces a primary challenge from Nathan Kuipers in the Aug. 20 primary. Gonzalez Pittman hasn’t drawn an opponent in her primary and will face the winner of the Brundage-Kuipers race on Nov. 5.

Note: Ashley Brundage spoke Friday on WMNF’s “The Skinny” program, for which this reporter is a co-host.

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Mitch Perry has covered politics and government in Florida for more than two decades. Most recently he is the former politics reporter for Bay News 9. He has also worked at Florida Politics, Creative Loafing and WMNF Radio in Tampa. He was also part of the original staff when the Florida Phoenix was created in 2018

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The preceding article was previously published by The Florida Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

ORLANDO, Fla. — Former State Representative Carlos Guillermo Smith officially won his race for the Florida State Senate (District 17), becoming the second openly LGBTQ member elected to the chamber in state history.

“He’s making history AGAIN as the 1st LGBTQ+ Latino in the Florida Senate. Together, we’re growing the multi-racial, multi-generational, working-class movement in Central Florida. Let’s go!” said Democratic U.S. Rep. Maxwell Alejandro Frost who represents Central Florida in the House.

In 2022, while seeking reelection to the Florida House, Guillermo Smith was targeted by the Florida State Republican Party, who invested millions campaigning to defeat him. Now less than two years after losing his re-election, Guillermo Smith won election unopposed to succeed Democratic State Senator Linda Stewart.

In a statement to reporters, Senator-elect said:

“My heart is full of gratitude for this community who has entrusted me with the responsibility of serving as their state Senator,” Smith said.

“Since last year, our campaign has knocked on over 10,000 doors in Senate District 17. We know that voters are frustrated with the direction our state has been heading and they’ve had enough. Rents and property insurance premiums are soaring, over a million Floridians have recently lost health care, and Tallahassee has turned our classrooms into political battlefields.”

🚨 WE WON! 🎉 Today we became the only candidate to officially qualify for SD 17, winning election to a four-year term in the Florida Senate!

My heart is full of gratitude for the overwhelming support from my beloved Orlando community. Thank you for entrusting me to serve. 🇺🇸🗳️ pic.twitter.com/J6uaZdeHAb

— Carlos Guillermo Smith (@CarlosGSmith) June 14, 2024

Florida Politics noted:

Smith served in the House for six years, where he was among the most outspoken progressive activists in the Democratic minority. He was also the first openly gay Latino LGBTQ member of the House, and will soon hold the same distinction in the Senate.

He is the second gay man elected to the Senate, after Sen. Shevrin Jones, a Miami Gardens Democrat.

During his time in the House, Smith developed a reputation both as a progressive champion and a scorn of conservatives. The onetime Orange County Democratic Party Chair represented a University of Central Florida-centric district for three terms, first elected in 2016.

The Florida Senate now has an LGBTQ+ caucus of TWO! Congratulations, Senator-Elect, @CarlosGSmith ❤️💙💛💚🧡

Happy Pride! 💪🏾 pic.twitter.com/32nudokUmi

— Shevrin “Shev” Jones (@ShevrinJones) June 14, 2024

Stratton Pollitzer, Chair of Equality Florida Action PAC, said in a press release:

“We’re thrilled that voters are sending Carlos back to Tallahassee to continue the fight in the Florida Legislature. Carlos is an unflinching progressive and one of the governor’s sharpest critics. He consistently exposes the governor’s lies, hypocrisy, and agenda to strip away our rights and freedoms. When the governor hid public information from voters, Carlos took him to court and won. Carlos is on the front lines, working to ensure the safety and well-being of all Floridians.”

By Jay Waagmeester | ORLANDO, Fla. – Eight years have passed since 49 people were killed and 53 were wounded in a shooting at Pulse, a nightclub in Orlando.

To mark that anniversary on Wednesday, Gov. Ron DeSantis ordered state and national flags flown at half-staff as a “mark of respect for victims, their families, and the many affected by this tragedy.”

DeSantis has made the order each year since taking office and former Gov. Rick Scott did the same in 2017 and 2018. Both are Republicans.

The shooter, who pledged his loyalty to ISIS, opened fire as the gay nightclub in Orlando hosted a Latin night on June 12, 2016.

Florida Rep. Anna Eskamani, a Democrat who represents the area that included Pulse, posted the names and photos of all 49 people who were killed.

Remembering our 49 angels on this eighth year of the Pulse nightclub shooting. My heart is so heavy. Please continue to uplift their stories and honor them with action. 🕊️ pic.twitter.com/EGoDrKPKnj

— Rep. Anna V. Eskamani 🔨 (@AnnaForFlorida) June 12, 2024

The National Democratic Party released a statement criticizing Republicans’ efforts to stop gun reform, including by the NRA, and praised President Joe Biden’s efforts toward gun safety, including the Bipartisan Safer Communities Act.

“This Pride month, as we celebrate love, equality, and inclusion, this anniversary reminds us of the work left to ensure all LGBTQ+ Americans can live their lives without fear of harassment, discrimination, and violence,” the statement reads.

Vice President Kamala Harris posted about the shooting Wednesday.

Eight years ago, 49 innocent lives were taken at Pulse nightclub in Orlando, FL—the deadliest attack on the LGBTQI+ community in American history.

Today, we pause to grieve and remember alongside their families, their friends, and the entire LGBTQI+ community. Every person…

— Kamala Harris (@KamalaHarris) June 12, 2024

Brandon Wolf, a survivor of the shooting who now serves as national spokesman for the Human Rights Campaign, posted to X calling for a safer future in which young people “know they are loved and valued exactly as they are.”

Drew would have been 40 this year. He deserved to blow out those candles. He and Juan deserved a wedding. A baby shower. Retirement. To grow old.

They deserved so much more than militarized hate. Endless rounds. The blaze of an assault rifle tearing through the dance floor.

— Brandon Wolf (@bjoewolf) June 12, 2024

A national memorial was approved by Congress to honor the club in 2021, although work on a physical structure is still in progress. The City of Orlando is filling seats on the newly created Pulse Memorial Advisory Committee after a private effort to build a permanent memorial failed.

Carlos Guillermo Smith, a former member of the Florida House and Democratic candidate for the Florida Senate, posted to X that there is a need for a memorial for the shooting.

“This year’s remembrance has me reflecting on the need to create a respectful Orlando memorial for the 49, and to continue our fight to #HonorThemWithAction by creating a world they’d be proud of — a world where love conquers hate and we can all live free from gun violence.”

Florida Republican state Rep. Randy Fine took to X with the hashtag, “BombsAway.”

Today we remember that #MuslimTerror came to Florida eight years ago today, killing 49 innocents. May we stop it over there so it can never again come over here. #BombsAway

— Rep. Randy Fine (@VoteRandyFine) June 12, 2024

The mass shootings in Orlando and Parkland were a moment of change for gun law in Florida. In 2018, the Legislature approved a law to expand background checks, ban types of guns, and impose a three-day waiting period for handgun purchases. It included “red flag” language allowing authorities to remove firearms from people deemed dangerous.

Editor’s note from the Los Angeles Blade:

Community leaders, first responders and the families of the victims and survivors of the Pulse tragedy gathered together for an annual remembrance ceremony hosted by the City of Orlando. The Remembrance Ceremony allows the Orlando community to come together every year on the evening of June 12 to honor and remember the 49 angels taken, their families, the survivors, first responders, trauma teams and all those impacted by the tragedy.    

The 2024 family and survivor-focused ceremony was held at the Dr. Phillips Center for the Performing Arts with doors opening at 6 p.m. and the program beginning at 7 p.m. 

On X (formerly Twitter) Former Arizona State Rep. Daniel Hernandez Jr., himself a survivor of another American mass shooting on January 8, 2011, that gravely injured then Arizona U.S. Rep. Gabby Giffords and 18 others who were shot during a constituent meeting held in a Safeway supermarket parking lot in Casas Adobes, Arizona, in the Tucson metropolitan area, posted about remarks in remembrance of Pulse at a Pride event hosted in Washington D.C. Wednesday evening by Vice-President Kamala Harris.

On the anniversary of the Pulse shooting we have a beautiful tribute and speech by @VP @KamalaHarris tonight. pic.twitter.com/VTaJYQ7B1L

— Daniel Hernandez Jr (@danielforaz) June 13, 2024

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Jay covers education for the Florida Phoenix. He previously worked for the Iowa Capital Dispatch and the Iowa State Daily. He grew up in Iowa and is a graduate of Iowa State University.

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The preceding article was previously published by The Florida Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

By Mitch Perry | GAINESVILLE, Fla. – Three parents of children attending Florida public schools filed a lawsuit in federal court against the Florida Board of Education on Thursday, claiming that a 2023 education law discriminates against parents who oppose book bans and censorship.

The legislation in question (HB 1069) requires local school boards to adopt policies regarding objections by parents to the use of specific material, but these parents contend that the law “only provides a mechanism for a parent to object to the affirmative use of material; it does not provide a mechanism for a parent to object to the lack of use or discontinued use of material.”

Florida saw more books challenged for removal than any other state last year, according to data released by the American Library Association.

The lawsuit was filed in the U.S. District Court Northern Division of Florida by:

• Nancy Tray, a St. Johns County resident and parent of three students in the St. John’s School District;
• Anne Watts Tressler, a St. Johns County resident and parent of two students in the St. Johns School District; and
• Stephana Ferrell, an Orange County resident and parent of two children who attend Orange County Public Schools.

The defendants are the Florida Board of Education, along with the chair, vice chair, and all individual members of that body as well as Commissioner of Education Manny Diaz Jr.

“The law is an attempt to steal important decisions away from parents and allows those with a strong desire to withhold critical information on a variety of age-relevant topics to decide what books our kids have access to,” Ferrell said in a press release. “The State of Florida should not be able to discriminate against the voices of parents they disagree with — I deserve an equal voice in my child’s education as any other parent.”

As noted in the lawsuit, the bill sponsor, Ocala Republican Stan McClain, acknowledged on the floor of the House when the bill was being debated that the legislation would treat parents differently depending on whether they objected to or supported the availability of school materials.

Gainesville Democratic Rep. Yvonne Hinson remarked to McClain that there was “a method on several pages of your bill for a parent to complain about a book. But is there a method for the other 99% of the parents to request the book?”

McClain said there was not, and that he would not consider including such a method.

‘Shut Up!’

The lawsuit goes into detail describing how Ferrell, the Orange County mother, was unsuccessful in fighting the removal of a book called “Shut Up!” by Marilyn Reynolds at Timber Creek High School, removed in the summer of 2023 due to the objection of a single parent.

Ferrell objected to the removal of that title, but was informed on Aug. 30, 2023, that the district had rejected her objection because “[o]nly the challenger can appeal the determination of the School or District to not remove the book to the board. You do not have the standing to file with this board. … The statute does not expressly give the authority to parents to challenge a removal of a book.”

Ferrell sought access to the state review process and submitted her objection to the State Review Liaison on Sept. 26, 2023. She finally received a response on Feb. 27, 2024, informing her that “the Department has received multiple requests for the Appointment of a Special Magistrate. You will receive a response in writing in the near future.”

The very next day, the department wrote to Ferrell that “[a] special magistrate is not available to contest a district’s decision to remove material or for the purpose of providing clarification on the law. As such, your request has been dismissed.”

The lawsuit goes on to say: “Parent Ferrell’s request was dismissed because she holds the State’s disfavored view.”

“Florida has become a national leader in book banning, garnering mass attention for the unprecedented number of books that have been removed from our public schools,” said Samantha Past, a staff attorney with the ACLU of Florida, one of three law firms representing the parents (along with the Southern Poverty Law Center and the Democracy Forward Foundation).

“A review process that is available only to parents with certain viewpoints violates the First Amendment. Denying parents an appropriate avenue to challenge censorship is undemocratic, and stifling viewpoints the state disagrees with is unlawful. Ultimately, these actions perpetuate the statewide attack on members of the Black, Brown, and LGBTQ+ communities in an attempt to erase them from our history books,” Past continued.

2,700 books

Nearly 2,700 books were targeted for restriction or removal in Florida schools and libraries in 2023, according to the American Library Association in a report issued in March. That was 1,200 more than the state with the second-most challenges, Texas.

Earlier this year, Gov. Ron DeSantis acknowledged that giving parents the right to object to books and other materials in public schools has led to confusion at school districts throughout the state, but he declined to criticize state policy.

“If you have a kid in school, OK. But if you’re somebody who doesn’t have a kid in school and you’re going to object to 100 books, no, I don’t think that that’s appropriate,” he said.

DeSantis earlier this year signed into law a bill that caps the number of books that individuals who don’t have children in Florida’s public-school systems at one per month. The bill’s original language would have charged a $100 fee for a person who brought an unsuccessful challenge, but that was stripped from the final legislation.

Sydney Booker, the communications director with the Florida Department of Education, responded to the lawsuit by issuing this statement: “There are no books banned in Florida. However, sexually explicit material and instruction are not suitable for classrooms.”

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Mitch Perry has covered politics and government in Florida for more than two decades. Most recently he is the former politics reporter for Bay News 9. He has also worked at Florida Politics, Creative Loafing and WMNF Radio in Tampa. He was also part of the original staff when the Florida Phoenix was created in 2018.

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The preceding article was previously published by the Florida The Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

TAMPA, Fla. – In a ceremony Monday at Tampa’s Old City Hall City officials hoisted the LGBTQ+ Pride Flag underneath the American Flag officially kicking off the city’s commemoration of LGBTQ+ Pride Month 2024.

“Those individuals are our police officers, our firefighters, our paramedics, the individuals that protect our country down at MacDill Air Force Base, they are our teachers, our nurses,” Tampa Mayor Jane Castor said. “They are neighbors, our friends, and our family. It is our community.”

Tampa Public Radio WMNF 88.5 FM reported that several Tampa Bay area cities have raised the LGBTQ+ Pride flags over city buildings this month. But that would have been illegal if a bill that died in this year’s Florida Legislature had instead become law.

This past Saturday the city of Gulfport raised the Pride flag over its public library. It came after a short ceremony of speeches honoring the city’s commitment to equality and before a day-long block party celebration of Pride, WMNF also reported.

“I think there’s two parts of it one. We don’t need Tallahassee legislators trying to diminish and negatively impact our LGBTQ community. That’s first off. Secondly is, I’m a strong believer in local control. And cities and counties and local governments should have the ability to make some of those basic decisions for themselves, without big government from Tallahassee interfering,” Pinellas County Commissioner Charlie Justice, a former member of the Florida House said.

Related:

ST. PETERSBURG, Fla. – The Progressive Pride Street Mural at the 2500 Central Avenue roundabout in the Grand Central District was defaced and damaged in two separate incidents earlier this month. The St. Petersburg Police Department is seeking the public’s assistance to facilitate the arrest of the drivers of the vehicles involved.

The first occurred on May 17th at 9:36 a.m. when a truck accelerated through the mural. The second incident happened on May 22nd at 2:41 a.m. involving a blue two-door vehicle doing doughnuts on the mural.

WTVT FOX 13 Tampa Bay reported that Lee Manuel, the owner of Cocktail St. Pete, a bar just down the street from the mural, said just a few days later, someone did donuts on the mural, damaging it more. A bar across the street from the mural seemed to capture it early Wednesday morning around 2:45 a.m.

Investigators have no reason to believe the incidents are related.

It’s going to cost the City of St. Petersburg $1100 to restore. The City aims to have the mural repainted in time for Pride month festivities.

Anyone with information on the blue vehicle pictured in the video [see Fox 13 report], please contact the St. Petersburg Police at 727-893-7780 or text SPPD + your tip to TIP411.

By Jackie Llanos | TALLAHASSEE, Fla. – Republican State Attorney General Ashley Moody filed a lawsuit Monday against new Biden administration regulations defending access to common medical treatments for transgender and gender non-conforming people.

The regulations that the Department of Health and Human Services (HHS) issued Monday state that blanket exclusions in services that single out transgender people are “presumptively discriminatory on the basis of sex.” Those guidelines for sex-based discrimination also encompass gender identity, according to the regulations.

The agency crafted specific provisions related to gender-affirming care “given the widespread discriminatory denial of care for such services and its direct connection to an individual’s transgender status.”

While the federal regulations are set to go into effect on July 5, Moody is asking the U.S. District Court of the Middle District of Florida in Tampa to throw out the rules, which seemingly go against the state’s ban on gender-affirming care, such as puberty blockers, for minors and the restrictions for what kind of providers can treat trans adults seeking treatment for gender dysphoria.

For the duration of the case, Moody requested that the court issue a temporary injunction exempting Florida agencies from enforcing the rules.

Florida’s gender-affirming care landscape

“Florida passed a law to protect our children from dangerous, irreversible gender-transition drugs and surgeries,” Moody wrote in a Tuesday press release. “Now, Biden and his federal bureaucrats are trying to go around our child-protection law to force the state to pay for puberty blockers and gender-transition surgery for children. These rules trample states’ power to protect their own citizens and we will not stand by as Biden tries, yet again, to use the force of the federal government to unlawfully stifle Florida’s effort to protect children.”

However, the regulations from the federal agencies don’t state that a healthcare provider would have to give gender-affirming care to a trans patient. Instead, it states that providers should determine treatment on a case-by-case basis.

“Nothing in this rule impedes covered entities from taking nondiscriminatory actions based on current medical standards and evidence, such as making decisions about the timing or type of protocols appropriate for care. The rule does not (and cannot) require a specific standard of care or course of treatment for any individual, minor or adult,” the rules state.

But Florida’s ban on gender-affirming care for minors and the restrictions for adults are also wrapped up in a legal challenge in a federal court in Tallahassee. The trial for the case brought by transgender children, their parents and transgender adults took place in December but the judge has yet to rule.

Equality Florida, an LGBTQ+ advocacy group, condemned the lawsuit in a statement to Florida Phoenix.

“DeSantis and Attorney General Moody’s lawsuit is another taxpayer-funded distraction so Floridians won’t notice that their insurance rates continue to skyrocket as Florida has the highest rate of inflation in the country and the lowest rate of teacher pay,” the group wrote. “Everyone deserves respect and the freedom to seek best-practice healthcare, but our Governor is hellbent on denigrating transgender Floridians and overruling parents’ ability to obtain essential care for their transgender child.”

Complaint arguments

Moody filed the 84-page complaint — with dozens of additional exhibits and other documents — on behalf of the state of Florida, Florida Agency for Health Care Administration, the Florida Department of Management Services and the Catholic Medical Association and its director Mario Dickerson.

The defendants were listed as: Department of Health and Human Services; Xavier Becerra, in his official capacity as Secretary of the Department of Health and Human Services; Melanie Fontes Rainer, in her official capacity as the Director of the Office for Civil Rights; Centers for Medicare and Medicaid Services; Chiquita Brooks-Lasure, in her official capacity as Administrator of the Centers for Medicare and Medicaid.

In the complaint, she argues that the Centers for Medicare and Medicaid Services and the Office for Civil Rights (OCR) of the Department of Health and Human Services violated the Administrative Procedure Act and the Spending Clause because the agencies didn’t have the power to change the definition of sex-based discrimination and tie federal funding based on states’ compliance with those rules.

“Under the OCR Rules, Florida now faces the untenable choice of surrendering its power to protect the health and safety of Floridians or losing billions of dollars in federal funding without adequate notice that this would be part of the bargain,” Moody wrote in the complaint.

The lawsuit also includes arguments that the regulations would violate the Catholic Medical Association (CMA) members’ freedom of religion and speech.

“CMA and its members hold the position that gender-transition procedures are unethical and dangerous. Providing, facilitating, referring for, or endorsing gender-transition efforts violates their medical views, their core religious beliefs, and their oath to ‘do no harm,’” Moody wrote in the lawsuit. “CMA’s members have medical and ethical positions contrary to the 2024 Rules’ requirements, and they also have overlapping religious objections. It is within CMA’s advocacy mission to advocate and litigate for its members’ right to the conscientious and faithful practice of medicine.”

Just last month, Moody joined other states in challenging new Biden administration rules protecting transgender people from discrimination in schools, colleges, and universities.

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Jackie is a recent graduate of the University of Richmond. She has interned at Nashville Public Radio, Virginia Public Media and Virginia Mercury.

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The preceding article was previously published by the Florida Phoenix and is republished with permission.

The Phoenix is a nonprofit news site that’s free of advertising and free to readers. We cover state government and politics with a staff of five journalists located at the Florida Press Center in downtown Tallahassee.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.