WEST PALM BEACH, Fla. — A judge has dismissed a lawsuit – at least for now – that a parent filed against the School District of Palm Beach County after two LGBTQ+ Pride flags were hung in his son's classroom.
The judge ruled that the district and teacher in question did not violate the plaintiff's parental rights.
"I felt that was improper because I don't send my child to that school to be taught homosexuality and taught gay pride," Dr. Francisco Deliu told WPTV in October. "I thought we sent children to school to learn reading, writing and arithmetic."
Deliu's 12-year-old son is in seventh grade at Emerald Cove Middle School in Wellington.
Deliu and attorneys for the district argued their positions before a judge in January.
In a nine-page ruling, Senior Judge Richard Oftedal sided with the district.
"There is nothing in state law or the rules and regulations governing the board which imposes limits on its authority regarding the display of flags or addressing social issues in a seventh-grade classroom," Oftedal wrote, in part.
Oftedal also wrote that the complaint "contains no allegations sufficient to state a cause of action that the board has interfered with plaintiff's right to direct the education and care or to direct the upbringing and the moral or religious training of his son."
The judge dismissed the complaint without prejudice, meaning Deliu could file an amended complaint within 20 days of the order.
Deliu told WPTV he plans to do so.
The district released the following statement to WPTV:
"While the School District of Palm Beach County is pleased with the prospect of being dismissed as a party in this case, we note the court’s dismissal is without prejudice and, therefore, the case remains active until a final judgment is reached. The district looks forward to being able to share more information once a final ruling in the case is reached. Until then, we will not comment on active litigation, which is the current procedural posture of the case."
