Banned books will stay on shelves in Elizabeth schools after district drops appeal

An Elbert County school district litigating to keep books off its library shelves backed out of the case days before final arguments were scheduled, prompting judges to signal their frustration as they formally dismissed the case Wednesday.

 “This appeal has been set for oral argument for more than two months, since Nov. 3, 2025. Since that time, the court has expended valuable time and resources studying the briefing and record in this matter, and otherwise preparing for oral argument. In that regard, Appellant’s filing of the Motion only days before the scheduled argument is not well-taken,” wrote the three-member appellate court.

On Tuesday, the Elizabeth School District dismissed its challenge to a court order to return banned books to library shelves. A Denver appeals court was scheduled to hear the argument this week.

In a statement, the district explained why it abandoned the appeal. It said when it appealed the district court’s preliminary injunction order, it asked the appeals court to stay the order and to expedite a ruling.

“The Tenth Circuit did neither, which meant the district court proceedings have progressed through discovery while our appeal is pending,” it stated. “Based on the timing and the progress of proceedings in the district court, the school district decided its limited resources were best directed at preparing for trial and any appeal after a final decision from the trial court....Cases are first decided in trial courts and that is where we intend to tell our story.”

On Friday, ACLU released a statement on the district’s sudden abandonment after pursing the case for more than ten months.

"Instead of accepting the district court’s decision and prioritizing their time, energy, and resources into serving the school community, the school district spent massive amounts of money, time, and resources pursuing a fruitless appeal that furthered their political agenda at the cost of its community members."

Long and twisting path

In December 2024, the ACLU of Colorado sued the Elizabeth School District on behalf of two students, the NAACP, and the Authors Guild, because it banned and removed at least 19 books from school libraries. The school board had objected to the books, alleging the content was “offensive” and were contrary to the board's “conservative values.”

The board also voted to place dozens of books like George Orwell’s “1984” on a ‘sensitive list’ that would automatically notify a parent who could block their child from checking it out.

The suit stated that the books removed were primarily by or about people of color and/or LGBTQ+ people and award-winning novels that explore race, inequality, and the challenges of adolescence. It argued to remove the books based on a disagreement with the ideas in them violates state and federal constitutions.

The books include titles such as “The Bluest Eye” by Toni Morrison; “The Kite Runner” by Khaled Hosseini; and “The Perks of Being a Wallflower” by Stephen Chbosky.

In addition to violating students’ right to access books in their school library free from politically motivated censorship, plaintiffs argued the district also violated authors’ rights to share their books free from viewpoint-based discrimination.

A court ordered the district to return the removed books to their libraries and prohibited them from removing additional books based on their views. The principal of Elizabeth High School confirmed to CPR the books had been replaced -- but meanwhile, the district appealed the decision to a higher court.

For months, three appellate judges studied the case and both sides wrote long legal briefs arguing their case. More than 30 outside organizations, including First Amendment scholars, wrote amicus briefs in the case.

In its motion to dismiss, the Elizabeth School District said it will pay all of the plaintiffs’ costs on the appeal.