Zamecnik v. Indian Prairie School Dist # 204

Dist. Ct. did not err in granting plaintiffs-students’ request to enter permanent injunction against defendants-School District officials that essentially allowed instant plaintiffs and other students ability to wear clothing or personal items bearing slogan “Be Happy, Not Gay” even though defendants believed that such slogan violated school rule forbidding derogatory comments pertaining to sexual orientation. Defendants allowed some students to participate in day of silence in support of homosexual students, and thus defendants could not stifle criticism of homosexuality where instant slogan was not inflammatory. Moreover, Ct. rejected defendants’ argument that it had reasonable belief that slogan posed threat of substantial disruption in view of evidence that some homosexual students experienced harassment in school and one plaintiff experienced harassment from other students sympathetic to homosexual students. Also entry of permanent injunction was not moot even though both plaintiffs no longer attended school since injunction covered all students at instant high school.