Special education aide fired for Trump backpack and water bottle, sues California school district

A special education aide is suing the California school district that fired her for using a Trump-themed backpack and water bottle at school.

The lawsuit says prior to being removed from school grounds by police over the backpack and water bottle, a school district official threatened her with “fines and imprisonment” for her political expression.  

Alyssa Esquivel, an American Sign Language special education instructional aide for the San Gabriel Unified School District, filed suit in the U.S. Court for the Central District of California.

The suit was filed for Esquivel by Advocates for Faith and Freedom (AFF), and claims the school district “unjustly targeted Ms. Esquivel for her political expression” in violation of her First Amendment rights, said a press release by her attorneys.  

The lawsuit alleges the trouble started when another aide and the lead teacher were allegedly bothered by Esquivel reading religious books during her break time. The lead teacher warned her she needed to “tone it down” with her religious beliefs, according to the complaint.  

Things escalated as other aides asked her to “stop bringing in the Trump stuff,” indicating a water bottle that contained God-themed stickers and a photo of former President Donald Trump, as well as photos of other presidents, said AFF attorneys.  

The school’s principal, Muhammad Abdul-Qawi, eventually told the special education aide she couldn’t display her Trump-themed backpack and water bottle in public, according to the suit. When Esquivel asked for the laws or school regulations that prohibited her from using those items at school, the principal provided no details, so Esquivel ignored the instructions.  

A school district official eventually intervened, placed the aide on administrative leave, banned her from campus and threatened “fines and imprisonment” if she failed to comply, the lawsuit says.  

The district official “had the police escort Ms. Esquivel off the premises, humiliating her in front of her colleagues and pupils,” says the complaint.   

“She is well-liked and well-appreciated by her pupils, who would not otherwise be able to participate in school without her ASL services. She has never received a complaint about her job performance,” the lawsuit argues.  

A demand letter sent by AFF required “that the District immediately reinstate Ms. Esquivel to her aide position. The organization also requests that there exists no permanent record of this incident or Ms. Esquivel’s leave.”  

But after the demand letter arrived, the district’s board voted to suspend her without pay and move to fire her, reports the Los Angeles Times.  

In addition to allegations of violations of Esquivel’s First Amendment rights, the demand letter also cites violations of the Fourteenth Amendment that involve the right to due process and equal protection under the law.  

District officials have declined comment on the suit, according to the San Gabriel Valley Tribune.  

“Educational settings are meant to be beacons of free speech and expression,” maintains AFF legal counsel Julianne Fleischer. “They should not be weaponized to stifle and censor ideas and opinions that may be unpopular or disliked. The San Gabriel Unified School District unjustly targeted Ms. Esquivel for her political expression. The First Amendment prohibits this, and we firmly stand with Ms. Esquivel to defend her rights.”   

The lawsuit is seeking nominal damages for violations of Esquivel’s civil rights; real economic damages to be proven at trial; a judgment that the district violated Esquivel’s First Amendment rights; an injunction restoring her employment and allowing her to bring her Trump-themed backpack and water bottle to school; and costs, attorneys’ fees and interest, as allowed by law.