Months after access to a popular children’s book about a male penguin couple hatching a chick was restricted at school libraries because of Florida’s so-called 'Don’t Say Gay law,' a central Florida school district says it has reversed that decision.
“The Court lacks jurisdiction both because this case is moot and because plaintiffs never had standing in the first place,” Florida education officials said in their motion to dismiss the lawsuit.
The school board and Florida education officials on Monday asked U.S. District Judge Brian Davis in Ocala, Florida, to postpone any further discovery until he rules on whether to dismiss the case. Last week, the judge refused to issue a preliminary injunction that would have ruled immediately in favor of the students and authors without the need for a trial, agreeing that the question over getting access to the book was moot since the school board had lifted restrictions.
“And Tango Makes Three” recounts the true story of two male penguins who were devoted to each other at the Central Park Zoo in New York. A zookeeper who saw them building a nest and trying to incubate an egg-shaped rock gave them an egg from a different penguin pair with two eggs after they were having difficulty hatching more than one egg at a time. The chick cared for by the male penguins was named Tango.
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