FOR IMMEDIATE RELEASE
NEWS RELEASE
March 3, 2017
For More Information, contact:
Mike Lewis (334) 353-2199
Steven T. Marshall
Joy Patterson (334) 242-7491
Page 1 of 1
Alabama Attorney General
ATTORNEY GENERAL STEVEN T. MARSHALL:
STATES DECLARE VICTORY IN BATTLE TO PROTECT STUDENT PRIVACY IN
SCHOOL RESTROOMS AND LOCKER ROOMS
(MONTGOMERY) – Alabama Attorney General Steven T. Marshall announced today
that Alabama and 12 other states have won the battle to protect student privacy after
the Trump administration recently rescinded a federal directive that schools must allow
student access to restrooms and locker rooms regardless of students’ gender, and the
U.S. Justice Department dropped its appeal of a nationwide injunction blocking
enforcement of the now rescinded federal directive.
“I am pleased to announce that Alabama has officially won the battle in protecting the
privacy of our students and upholding the rights of our local schools to oversee student
safety,” said Attorney General Steven T. Marshall.
“Alabama was one of 13 states to successfully challenge the unlawful federal student
privacy directive last year, ultimately securing a nationwide injunction against the
directive. School administrators, teachers and parents should hold the right to
determine policies governing student access to intimate areas like restrooms and locker
rooms, not federal bureaucrats who seek to rewrite the law,” Attorney General Marshall
added.
On February 22, the Trump administration rescinded the Obama administration’s
“significant guidance letter” on school restroom and locker room access and on
Thursday the U.S. Justice Department announced its decision to drop its appeal of the
August 22, 2016, nationwide injunction of the federal directive. As a result of the
federal actions, today Alabama and the 12 other states dismissed their lawsuit against
the federal government.
A copy of the dismissal is attached
–30–
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.state.al.us
Case 7:16-cv-00054-O Document 128 Filed 03/03/17 Page 1 of 4 PageID 1904
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
STATE OF TEXAS; ß
HARROLD INDEPENDENT ß
SCHOOL DISTRICT (TX); ß
STATE OF ALABAMA; ß
STATE OF WISCONSIN; ß
STATE OF WEST VIRGINIA; ß
STATE OF TENNESSEE; ß
ARIZONA DEPARTMENT ß
OF EDUCATION; ß
HEBER-OVERGAARD ß
UNIFIED SCHOOL DISTRICT (AZ); ß
PAUL LePAGE, Governor of the ß
State of Maine; ß
STATE OF OKLAHOMA; ß
STATE OF LOUISIANA; ß
STATE OF UTAH; ß
STATE OF GEORGIA; ß
STATE OF MISSISSIPPI, ß
by and through Governor Phil Bryant; ß
COMMONWEALTH OF KENTUCKY, ß
by and through ß
Governor Matthew G. Bevin, ß
ß
Plaintiffs, ß
ß
v. ß CIVIL ACTION NO. 7:16-cv-00054-O
ß
UNITED STATES OF AMERICA; ß
UNITED STATES DEPARTMENT ß
OF EDUCATION; BETSY DEVOS, ß
in her Official Capacity as United ß
States Secretary of Education; UNITED ß
STATES DEPARTMENT OF JUSTICE; ß
JEFFERSON BEAUREGARD “JEFF” ß
SESSIONS, III, in his Official Capacity ß
as Attorney General of the United ß
States; THOMAS E. WHEELER, II, in ß
his Official Capacity as Acting Principal ß
Deputy Assistant Attorney General; ß
UNITED STATES EQUAL ß
Plaintiffs’ Notice of Voluntarily Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) Page 1
Case 7:16-cv-00054-O Document 128 Filed 03/03/17 Page 2 of 4 PageID 1905
EMPLOYMENT OPPORTUNITY ß
COMMISSION; VICTORIA A. LIPNIC, ß
in her Official Capacity as the Acting ß
Chair of the United States Equal ß
Employment Opportunity Commission; ß
UNITED STATES DEPARTMENT OF ß
LABOR; EDWARD HUGLER, in his ß
Official Capacity as Acting United ß
States Secretary of Labor; and ß
DOROTHY DOUGHERTY, in her ß
Official Capacity as the Deputy ß
Assistant Secretary of Labor for ß
the Occupational Safety and Health ß
Administration, ß
ß
Defendants. ß
PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL
PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i)
In a Dear Colleague letter dated February 22, 2017, the U.S. Department of
Justice and U.S. Department of Education jointly withdrew the statements of policy
and guidance reflected in:
- Letter to Emily Prince from James A. Ferg-Cadima, Acting Deputy
Assistant Secretary for Policy, Office for Civil Rights at the
Department of Education dated January 7, 2015; and - Dear Colleague Letter on Transgender Students jointly issued by the
Civil Rights Division of the Department of Justice and the
Department of Education dated May 13, 2016.
The U.S. Department of Justice and U.S. Department of Education also made clear
that “[t]he Departments thus will not rely on the views expressed within them.”
Therefore, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil
Procedure, Plaintiffs hereby give notice that the above-captioned action is voluntarily
dismissed, against the Defendants, without prejudice. Plaintiffs reserve the right to
reinstitute their claims against Defendants to preserve and defend their sovereign
power, authority, and rights, as well as defend the rule of law.
Plaintiffs’ Notice of Voluntarily Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) Page 2
Case 7:16-cv-00054-O Document 128 Filed 03/03/17 Page 3 of 4 PageID 1906
The Court’s Preliminary Injunction Order (ECF No. 58) is necessarily dissolved
by this dismissal. See Francis v. Johnson, 129 F.3d 610 (5th Cir. 1997) (unpublished)
(citing 11A Charles Alan Wright et al., Federal Practice & Procedure ß 2947 at 126
n.19 (2d ed. 1995); Venezia v. Robinson, 16 F.3d 209, 211 (7th Cir. 1994)).
Each party will bear its own fees and costs associated with the district-court
litigation.
Respectfully submitted this the 3rd day of March, 2017,
STEVE MARSHALL KEN PAXTON
Attorney General of Alabama Attorney General of Texas
BRAD D. SCHIMEL JEFFREY C. MATEER
Attorney General of Wisconsin First Assistant Attorney General
PATRICK MORRISEY BRANTLEY D. STARR
Attorney General of West Virginia Deputy First Assistant Attorney General
HERBERT SLATERY, III MICHAEL C. TOTH
Attorney General of Tennessee Senior Counsel to the Attorney General
MARK BRNOVICH ANDREW D. LEONIE
Attorney General of Arizona Associate Deputy Attorney General
MIKE HUNTER AUSTIN R. NIMOCKS
Attorney General of Oklahoma Associate Deputy Attorney General
JEFF LANDRY /s/ Austin R. Nimocks
Attorney General of Louisiana AUSTIN R. NIMOCKS
Texas Bar No. 24002695
SEAN REYES
austin.nimocks@oag.texas.gov
Attorney General of Utah
DAVID J. HACKER
CHRISTOPHER M. CARR
Senior Counsel
Attorney General of Georgia
JOEL STONEDALE
Counsel
Office of Special Litigation
ATTORNEY GENERAL OF TEXAS
P.O. Box 12548, Mail Code 009
Austin, Texas 78711-2548
Tel: 512-936-1414
Attorneys for Plaintiffs
Plaintiffs’ Notice of Voluntarily Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) Page 3
Case 7:16-cv-00054-O Document 128 Filed 03/03/17 Page 4 of 4 PageID 1907
CERTIFICATE OF SERVICE
I, Austin R. Nimocks, hereby certify that on this the 3rd day of March, 2017, a
true and correct copy of the foregoing document was transmitted via using the
CM/ECF system, which automatically sends notice and a copy of the filing to all
counsel of record.
/s/ Austin R. Nimocks
Austin R. Nimocks
Plaintiffs’ Notice of Voluntarily Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) Page 4
