Florida school board lifts restrictions on children’s book with male penguin couple

A Florida school board has lifted restrictions on a children’s book with a male penguin couple that has been at the center of a lawsuit against the school.

The Lake County school district, located outside Orlando, said restrictions on the book “And Tango Makes Three” were lifted after the state clarified its Parental Rights in Education law.

The law, dubbed “Don’t Say Gay” by opponents, says sexual orientation and gender identity cannot be discussed for younger students.

The book is based on a true story of two male penguins that bonded, with a zookeeper giving them an egg to care for. The chick that was born under the two male penguins’ care was named Tango at New York’s Central Park Zoo.

Authors and students filed a lawsuit against the Lake County school district earlier this summer after “And Tango Makes Three” was banned, arguing the move violated the First Amendment. 

The school board argues the lawsuit is now moot since the Florida Department of Education declared the Parental Rights in Education law does not apply to school libraries, only classrooms.

On Friday, the school board asked the judge to dismiss the case, arguing the plaintiffs do not have standing.

“As this Court intimated in denying Plaintiffs’ motion for a preliminary injunction, DE51, the case is now moot because the County has abandoned its erroneous interpretation of the statute and formally lifted the restriction on Tango,” the school district said in a court document.

On Monday, the school board went further and asked for the judge to postpone any more discovery in the case until he makes a decision on whether to dismiss it. 

The case is the latest in the book ban battle in Florida as the state has implemented laws this year that have made it easier for parents to challenge books in schools.