Escambia County School Board Faces Legal Challenge Over Book Restrictions

PENSACOLA, FL — The Escambia County School Board is embroiled in a federal lawsuit challenging its removal and restriction of hundreds of books from public school libraries, with a particular focus on the children’s picture book *And Tango Makes Three*. This litigation, initiated by students, parents, authors, and advocacy groups, highlights significant tensions over educational content and First Amendment rights.

Background of the Controversy

The book *And Tango Makes Three*, authored by Peter Parnell and Justin Richardson, tells the true story of two male penguins who raise a chick together. Critics argue that its themes of same-sex parenting are inappropriate for young readers and have sparked a wider debate on the inclusion of LGBTQ+ literature in school libraries.

In recent years, Florida legislation has mandated stricter controls over educational materials, requiring school districts to remove books flagged for alleged sexual conduct within a limited time frame. The Escambia County School Board contends that it has the authority to determine the educational suitability of materials under state law.

Legal Proceedings and Legislative Privilege

During a recent hearing at the 11th U.S. Circuit Court of Appeals, the School Board’s attorney, Jeffrey Grosholz, argued for the protection of board members under the legal doctrine of “legislative privilege,” which shields elected officials from questioning about their decision-making processes. Grosholz stated, “Because we believe that this is a core policy matter regarding educational suitability, we believe that the legislative privilege protects these decisions.”

However, plaintiffs’ attorneys have highlighted inconsistencies in the legal proceedings, noting that several student plaintiffs, including a 7-year-old, have been subjected to depositions while board members seek to avoid similar scrutiny. Ori Lev, an attorney for the plaintiffs, emphasized the need for transparency, stating, “You would think that if what’s good for the goose is good for the gander, that they would have the same courage a 7-year-old would.”

Financial Implications and Future Impact

The legal battle has significant financial implications for Escambia County, with costs approaching $1 million in legal defenses against multiple lawsuits. The outcome of this case could set a precedent for how legislative privilege is applied in similar disputes across Florida and potentially influence educational policies in neighboring states.

As the court deliberates, the focus remains on the balance between parental rights in education and the preservation of First Amendment protections for students and authors alike.

Sources

• Escambia County Book Ban: Laws, Costs, and Lawsuits – LegalClarity
• ‘Tango’ Plaintiffs Plan an Appeal to the 11th Circuit
• ORDER denying 108 Motion for Restrictions of any Board Member Depositions for PEN AMERICAN CENTER INC et al v. ESCAMBIA COUNTY SCHOOL DISTRICT et al :: Justia Dockets & Filings
• Pen American Center, Inc., et al v. Escambia County School Board, et al, No. 24-13896 (11th Cir. 2025) :: Justia
• USCA11 Case: 24-13896 Document: 52-1 Date Filed: 07/15/2025 Page: 1 of 13
• PEN AMERICAN CENTER INC v. ESCAMBIA COUNTY SCHOOL BOARD (2024) | FindLaw
• PARNELL v. SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA, 4:23-cv-00414
• 11th Circ. Mulls Forcing Board To Testify In Book Ban Suit – Law360
• The Escambia school board deposed students. Now it says its own members shouldn’t be deposed | WUSF
• Case 4:23-cv-00414-AW-MAF Document 261 Filed 09/30/25 Page 1 of 18

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