WISD board attempts to finish logo issue

Wimberley ISD has moved on from the logo issue and is now looking to the future when it comes to protecting its trademark.

The Wimberley ISD Board of Trustees heard a Level III grievance regarding the altered use of the district’s Texan flag logo. The grievance claimed that the district had violated the First Amendment by threatening to take legal action against people who altered the Texan flag logo in support of the LGBTQ pride march that was held last fall. The grievance requested that the district retract an email sent out to individuals in the community that threatened legal action if the altered logo was not removed from various platforms including Facebook.

Following a two hour and forty minute deliberation, the board unanimously approved a motion that denied the requested remedies from the grievant and effectively closed the grievance. The board also issued a statement that said the district would not pursue any legal action toward the individuals involved in the grievance process, but moving forward will protect the Texan flag logo by evaluating any future logo or trademark issues on a case-by-case basis. In its statement the board reaffirmed its support of the LGBTQ community within WISD, and also urged WISD administration and the community to focus on improving the district for the betterment of all students and the enrichment of the community.

“The WISD Board of Trustees directs that no further action be taken against any individuals related to the WISD Texan rainbow flag logo being considered today,” Board of Trustee Lori Olson said when reading the board’s statement. “We support our LGBTQ+ community within our district - as we do all our students - and we will continue to make additional efforts to ensure that all feel welcome, safe and supported. We have already made great strides in this area over the past six months, and we will proceed enthusiastically with these efforts and programs.

“The district will continue to evaluate any future logo or trademark issues on a case by case basis, under the guidelines of the above stated principles, the existing policies of our District, and those set forth in state and federal law.”

The statement came at the end of a hearing on the grievance filed by Bryan Burke. While the district denied the grievance, it issued a lengthy statement clarifying the district’s position on the use of the logo (included in full below).

During the grievance, American Civil Liberties Union attorney Brian Klosterboer argued that the letter from the district violated the First Amendment.

“Parent’s speech has been unlawfully chilled and suppressed,” Klosterboer said. “As a government entity, Wimberley ISD cannot stop people from voicing their opinions.”

Michael Smith, an attorney hired by the district, stated that they do not believe the issue is related to the First Amendment and that the district has the right to protect its logo from being altered.

“If there is an LGBTQ club they could certainly use the Wimberley Texan flag logo as it stands as a part of their name or advertising their community however they want to use it to show support,” Smith said. “What is not authorized by CY Local (the district’s approved policy for the use of the logo) is the ability to alter the use of the trademark for any reason… This is not a free speech issue. No one is trying to quash the message. No one is trying to discriminate against the students. No one is trying to retaliate against anyone for their LGBTQ stance.”

Board of Trustee Will Conley made the motion to deny the grievance.

“I move to deny the requested remedies, but direct no other action be taken related to the grievance,” Conley said.

The board unanimously approved the motion.

After the vote was made, the board asked Board of Trustee Lori Olson to read a statement clarifying the district’s position. It is as follows:

“The WISD Board of Trustees would like to take this opportunity to address the logo issue that has been debated in our community over the past few months. We do recognize that our district can improve in clearly communicating our intentions, goals, and navigating district policy (CY) enforcement measures. We are saddened by the division we have witnessed in our community over this subject matter. This divisiveness is not a reflection of our Board-stated goals and policies, nor does it reflect daily practices of our administration and staff.

“We have carefully watched and listened to many of our citizens over the past few months. We have had these issues legally vetted from many different aspects and taken sensible consideration of our District’s time, resources, and taxpayer’s dollars. After this thorough evaluation, we believe we have come to a point of better clarity and wish to articulate our position to our administration and community.

“We believe the logo for WISD is a protected trademark of WISD. If our logo is used or altered in any unauthorized way, we strongly believe we have a right to defend our trademark. Our policy which is common to districts around our state, provides that our logo be used for its strict intended purpose of representing our great District.

“That said, and though we may not all agree with any of these unofficial or unapproved uses of our trademark, we also acknowledge that our District has limited time and resources. Therefore, we choose to maximize our time and resources toward higher priorities, particularly in the face of the current pandemic health crisis that has gripped our communities, our nation, and the world. Most notably, our focus is and will remain on all of our children receiving the best educational opportunities that we can afford them in the safest, most positive environment that we can provide.

“The WISD Board of Trustees directs that no further action be taken against any individuals related to the WISD Texan rainbow flag logo being considered today. We support our LGBTQ+ community within our district - as we do all our students - and we will continue to make additional efforts to ensure that all feel welcome, safe and supported. We have already made great strides in this area over the past six months, and we will proceed enthusiastically with these efforts and programs.

“The district will continue to evaluate any future logo or trademark issues on a case by case basis, under the guidelines of the above stated principles, the existing policies of our District, and those set forth in state and federal law. We collectively ask that the WISD administration and our entire Wimberley community move forward as well, and focus on how we can continue to improve our wonderful school district for the betterment of all our students and the enrichment of our community.”