Plaintiffs seek to bar trans student’s intervention in Boyertown case

Plaintiffs in a case involving public-accommodations access for transgender students in a Pennsylvania school district are seeking to block the involvement of a student in the case, as he is a graduating senior.

A student in the Boyertown Area School District and his parents, identified anonymously in court documents, alleged that the school district violated his rights in an incident occurring on or about Oct. 31. The student allegedly began changing in the locker room for gym class and realized there was another student wearing shorts and a bra. He is now seeking a jury trial, with support from three other students.

The school upheld the rights of transgender students to use accommodations in accordance with their gender identity. Attorneys for the students requested a preliminary injunction to prevent them from using school facilities with trans students as the case proceeds. Arguments on that matter are scheduled for Aug. 11.

Aidan DeStefano, a transgender student at Boyertown Area Senior High School, is one of the students who could be affected by the lawsuit. However, the complainant and his parents objected to DeStefano’s involvement on the grounds that he will graduate from Boyertown Area Senior High School (BASH) in June.

In court records, DeStefano said he will still continue to use the school’s facilities at events where alumni and community members are invited to attend.

“My younger sister will be a senior at BASH next year and I will come back to campus for her graduation and perhaps other events where it is appropriate for family to cheer and support their seniors,” DeStefano said in a supplemental declaration. “In addition, I have close friends who will be seniors on the basketball team next year. I have attended their games in the past and want to continue attending next year to cheer them in their final year. I may want to come back to campus for other events where alumni and visitors are welcome, as I will be attending college in the area and will have many friends still attending BASH.”

DeStefano addressed the emotional toll of being barred from the appropriate facilities at his soon-to-be alma mater.

“If the plaintiff prevails and I can no longer use the facilities that match my gender when I return to BASH for my sister’s graduation, basketball games and other events — and instead, have to use different facilities than the other visiting alumni, family and friends — I will be devastated.” 

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