Kaplan Law, an Austin-based law firm, recently sent cease and desist notices on behalf of North Texas residents to a handful of local school districts for allegedly violating state law by improperly displaying donated signage featuring the national motto, “In God We Trust.”
These actions mark the latest controversy surrounding the signs, which themselves are a consequence of a state law passed in 2021 that requires their display in a conspicuous location if they meet specific criteria.
Specifically, the law mandates that donated signage “must contain a representation of the United States flag centered under the national motto and a representation of the state flag; and may not depict any words, images, or other information other than the representations listed” previously.
Kaplan Law claimed in a publicly-released statement about their cease and desist letters that signage donated to these districts by “private corporation Patriot Mobile” is “non-compliant” and “violates the law because it depicts other images: stars in the background.”
In their cease and desist letter to Grapevine-Colleyville ISD (GCISD), Kaplan Law attorney Trenton Lacy laid out their interpretation of state law, highlighting that a donated sign “may not depict any other words or images.”
Lacy’s interpretation did not include the provision “or other information,” which is also in the statute at issue. In the letter, Lacy stated that GCISD’s current national motto signage was “noncompliant for multiple reasons.”
“It contains no fewer than thirty-one (31) fully or partially visible five-pointed stars, all of which are prohibited by the plain language of the statute. Section 1.004 also only permits ‘a representation of the state flag,’ whereas the GCISD poster unlawfully depicts multiple state flags. Because the statute forbids any extraneous images or information — including dozens of five-point stars and an extra state flag — the GCISD poster is clearly noncompliant,” Lacy wrote.
He then admonished GCISD for refusing to “display compliant signs” that parents from the district recently attempted to donate. He mentioned one such sign with “God” written in rainbow lettering, as reported by The Dallas Express.
Lacy did not explain how “fully or partially visible” stars in the background were non-compliant for being “extraneous images or information,” while at the same time urging for the utilization of the rainbow, a well-known symbol of the LGBT community.
The Dallas Express reached out to First Amendment lawyer and expert Tony McDonald on this potential discrepancy in Lacy’s interpretation. He replied, stating that Kaplan Law’s cease and desist letters “appear to be nothing more than a shakedown” and called their position on the legal matter “a bit silly.”
“I can’t imagine how anyone would have standing to sue over the inclusion of stars in the Patriot Mobile sign, so I doubt a court will ever opine on the subject. I expect any lawsuit they file will be dismissed,” McDonald concluded.
Lacy gave GCISD and the other districts he contacted until September 9 to comply with his demands, or else his law firm would move to take the matter to court on behalf of their clients.