In June of 2020, the School Board and the Superintendent chose to go to the Ohio Board of Building Appeals to change the Code and allow ONLY Gender Neutral bathrooms in Windermere Elementary. The case only included Windermere Elementary. It did not include the high school, Tremont, Greensview, Barrington or Wickliffe.
Remember that these 5 buildings were in the process of being completed in 2020. Construction started in 2019. This is an important fact.
The OBBA denied the variance. You may listen to the hearing: Ohio BBA June 4, 2020
The UA portion of the hearing starts at 1:21:30.
The Transcript is also available:
At about 1:47:59 during the hearing and on page 28 of the Transcript, Superintendent Imhoff is asked if there will be assigned sex bathrooms available. Supt. Imhoff’s response is “No we’re making all bathrooms gender neutral. So All bathrooms can be used by all kids.”
This contradicts what the Superintendent says in his Blog and in the newspaper. The School District states there will be a choice. It is known that a school with a choice only has that option in the old wings of the Buildings or in the high school where they are only near the Gym. The Academic areas do NOT have a choice.
In addition, the Superintendent is asked if anyone objected to the labeling ONLY Gender Neutral. At about 1:50.20 on the tape and page 30 on the Transcript, Imhoff states that “The concerns have not been based upon safety. The concerns have been more a sense of people .. Well quite frankly there are people who look at this as a values issue and they think it’s somehow wrong to be gender non-conforming student and so we have had that point of view. . .”
Franklin County Court of Common Pleas: Case No. 20 CV 004102
UA City vs District Board of Education
On this website you can find the materials about the case. You will need to insert the Case Number. The main point:
The City and the School District told the Judge that the Community was aware of the change and approved it!
Here are several PDF’s which summarize the Case.
Stipulations of Facts Exhibit A
Summary Judgment 9-15-20 The Judge’s original ruling, overturning the OBBA. (The links are not working correctly. Look to the left sidebar and Click on the link with the same Title. It is working.)
A Windermere family sued. On November 30, 2020, the Judge ruled to Vacate the original order. A hearing is scheduled on March 9, 2021 where a judge can hear all sides.
The School District decided to Appeal the ruling:
Notice of Appeal December 15, 2020
The School Board and the Superintendent have not had any open discussions or votes during a School Board meeting to allow the Community to hear why they are continuing to spend taxpayer dollars for lawyers.
UAEC wants taxpayer dollars spent on education, not bathrooms.
The Appellate Brief for Jane Doe was filed February 8, 2021: Brief of Appellee-Intervenor Jane Doe
(This is not linking properly. Please look to the left under Restroom Court Cases Documents and click on the same Title.)
The City of Upper Arlington filed a Brief of Appellee on February 9, 2021 BRIEF OF APPELLEE – UA