'Rainbowland' Teacher Sues Waukesha Schools On First Amendment Claims

WAUKESHA, WI — The Heyer Elementary School teacher who was fired after controversy arose over the song "Rainbowland" has filed a federal lawsuit against the School District of Waukesha and its superintendent alleging that her termination violated her First Amendment rights and could deter others from engaging in free speech.

Melissa Tempel filed the civil suit against the School District of Waukesha and Superintendent James Sebert in the Eastern District of Wisconsin on Tuesday. The district's conduct and Sebert's conduct was "malicious or in reckless disregard" of her right to freedom of speech and as a result Tempel has suffered emotional distress and financial loss, the lawsuit alleges.

Tempel tweeted about the district's decision to ban the song in the spring of 2023 but was put on administrative leave for six weeks before being fired, a news release from Tempel's lawyers said.

"I am devastated that I am not returning to school today,” said Tempel in a news release Tuesday. “I am a life-long educator and I have missed my students since I was forced on administrative leave in April. To be preparing for a lawsuit instead of for the first day of school has been very difficult for me."

See also: Timeline: Waukesha's 'Rainbowland' Teacher And Why She Was Fired

In an email Wednesday, Sebert said the district "will work with our legal counsel on our next steps."

The civil complaint asserts Tempel spoke out as a private citizen while she was off duty about how the district used Policy 2240—which regulates "controversial" topics in the classroom—to prevent the use of the Miley Cyrus and Dolly Parton song "Rainbowland" at a school concert.

Tempel gave interviews to news media and tweeted during her off-duty time on an account that was not for official district purposes, the civil complaint said.

One such tweet said "My first graders were so excited to sing Rainbowland for our spring concert but it has been vetoed by our administration. When will it end?"

But because of Tempel speaking out, the lawsuit said the district put Tempel on leave and after an "investigation" the superintendent recommended she be fired. The district's Board of Education accepted the recommendation and fired her on July 12.

"The First Amendment, incorporated through the Fourteenth Amendment, protects public employees from retaliation in the workplace when they speak as a private citizen on matters of public concern," the lawsuit states, "and their free speech interests outweigh the government employer’s interests in promoting the efficiency of the public services it performs through its employees."

The lawsuit further accused the district and Sebert of inconsistently applying the policy about controversial topics and asserts "Gay-Straight Alliance" locker signs were prohibited and teachers were made to take down signs saying "This classroom is anti-racist" or "This school welcomes you" but signs saying "Students for Life" and "Thin Blue Line" remained up in common areas.

"Schools in Wisconsin are already facing a teacher shortage crisis,” Attorney Summer Murshid, who is representing Tempel, said in a news release. “The District and Dr. Sebert must be held accountable for the action taken against Ms. Tempel, not only for Ms. Tempel’s sake, but for the sake of all educators who will see what happened to Ms. Tempel and choose not to speak for fear of losing their own jobs.”

Read the full civil complaint:

See also:

Waukesha School Board Explains Firing Of 'Rainbowland' Teacher

Teacher Fired After 'Rainbowland' Controversy In Waukesha

'Rainbowland' Controversy Sparks Demonstration In Waukesha: Photos

Waukesha 'Rainbowland' Teacher Says District Plans To Fire Her

Waukesha Teacher Who Suggested 'Rainbowland' For Concert Put On Leave

Is 'Rainbowland' Too Controversial For Waukesha's First Graders?

'Rainbowland' Too Controversial For Waukesha First Graders: District