A federal judge has dismissed a lawsuit against Deerfield Public School District 109 filed by a former district parent over its transgender student policies, potentially marking the end of a legal fight that touched on national talking points over gender and inclusion.
Last year, district parent Nicole Georgas accused school officials of forcing her daughter and other students to change their clothes for gym class with a transgender student, a claim the district has denied. Speaking during board meetings and on Fox News show “America Reports,” Georgas demanded locker rooms and bathrooms be designated as biological male and biological female.
The lawsuit, filed against the district and two school officials, included claims that the district’s policies regarding transgender students violated Title IX, a 1972 law forbidding discrimination based on sex in education.
In a decision filed last week, Judge Rebecca Pallmeyer of the United States District Court for the Northern District of Illinois agreed with the district’s motion to dismiss Georgas’ complaint.
That includes dismissing the suit’s Equal Protection claim, Title IX claim, and First Amendment claims. Pallmeyer relinquished jurisdiction over the two remaining state-law claims of intentional infliction of emotional distress and intrusion upon seclusion.
In a statement, a D109 representative said in a statement the ruling “provides important clarity and confirms that the District’s policies are consistent with existing federal law.”
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“Importantly, the court concluded that the district’s policies provide equal access for all students and recognized that excluding transgender students from facilities that align with their gender identity could itself violate federal law,” the statement said.
“Our focus remains on our students and providing learning environments where they feel safe, supported and able to learn,” it continued. “That commitment will continue to guide our work.”
Attorney Ajay Gupta, who is representing Georgas, has about a month to file an amended complaint. Attempts to reach Gupta were unsuccessful.
Gupta is the Republican candidate running for the Illinois House of Representatives District 41 seat, and has offered to work pro bono to bring lawsuits against school districts for their transgender student policies.
Costly legal fight
LGBTQ+ advocates praised the dismissal. Kristal Larson, a trans woman who has previously spoken during district board meetings and is the executive director of the LGBTQ Center of Lake County, said it demonstrates that Lake County is a “safe place for our LGBTQ+ students” to be themselves “without fear of legal persecution.”
“We are proud of the efforts of the community, civic groups, and school administration that stood their ground and will continue to stand alongside them to protect the rights of all LGBTQ+ families across Lake County,” she said.
Jose Che-Che Wilson, director of Civic Engagement with state advocacy group Equality Illinois, also praised the decision, pledging to continue to “fight against tactics like this lawsuit.”
“It reinforces what we already know, which is the plaintiffs here cannot actually state any real harm. This lawsuit is an expression of transphobia, nothing more,” Wilson said. “Every student in Illinois deserves a safe, welcoming, and inclusive learning environment.”
But it comes at a steep financial bill for the district; an updated expenditure tracking document from the district indicated that, including various legal, communication, and security costs, the lawsuit has cost the district nearly $400,000.
It’s not the only Lake County school district facing challenges to its transgender student policies. In April, North Chicago Community Unit School District 187 was one of 36 Illinois school districts listed as under investigation by the U.S. Department of Justice Civil Rights Division for “sexual orientation and gender ideology content,” according to a department release.
The following month, Community High School District 128, which includes Libertyville and Vernon Hills High School, and D109 were among five school districts included in a slate of federal civil rights complaints filed by Awake Illinois, a conservative group based in Naperville.
Awake was founded in 2021 by Shannon Adcock, a Naperville mother who, during the COVID-19 pandemic, joined those railing against school mask mandates and other COVID-mitigation efforts, as well as equity and inclusion training in schools. Adcock is also the chair of Moms for Liberty DuPage County.
Awake has encouraged lawsuits like the one filed against D109. During a livestream, Adcock called on parents to either join ongoing lawsuits against Illinois school districts or file their own.