Federal judge dismisses Wisconsin school district’s ‘Rainbowland’ lawsuit

A federal judge dismissed a lawsuit filed by a former first grade teacher who was fired after publicly criticizing the School District of Waukesha for banning a Dolly Parton song. 

Melissa Tempel filed a lawsuit against the district in September 2023, claiming her First Amendment rights were violated when she was fired in July of that year.

In late March 2023, Tempel blasted the district on social media after it excluded the song “Rainbowland” by Miley Cyrus and Dolly Parton. The lyrics were widely believed to focus on acceptance, but district officials said they found the song “could be deemed controversial.”

U.S. Magistrate Judge Nancy Joseph dismissed the case Sep. 29, saying even though Tempel was speaking out as a private citizen, her actions disrupted the district’s operations. 

Joseph said even looking at the evidence in light “most favorable” to Tempel, Joseph was unconvinced that the level of disruption shown after Tempel’s tweets was as insignificant as Tempel contends. 

“As to potential security risks and disruption, the record indicates that soon after Tempel tweeted, (the school district) received upwards to twenty calls per day regarding the “Rainbowland” decision, many of which consisted of the caller subjecting the recipient to yelling and insults,” Joseph wrote. 

Tempel’s attorney, Summer Murshid, with Milwaukee-based Hawks Quindel, said they are “obviously incredibly disappointed in this decision and disagree with the conclusion.”

“We are carefully evaluating all available options, including an appeal to the Seventh Circuit,” Murshid said. 

School District of Waukesha Superintendent James Sebert said he’s pleased the matter has been dismissed. 

“As always, our focus remains intently on ensuring the academic success, growth and well-being of all of our students,” Sebert said.