The Elizabeth School District’s website greets visitors with an unusual pop-up: an invitation to help cover legal fees for a lawsuit related to library book removals.
Located southeast of Denver and serving about 2,700 students, the district is raising funds as part of a broader campaign supported by at least three conservative groups — including one led by former Republican gubernatorial candidate Heidi Ganahl — to defend against the lawsuit.
### The Lawsuit Over Library Book Removals
In December, the American Civil Liberties Union (ACLU) of Colorado filed suit against the district. The lawsuit alleges that the Elizabeth school board’s decision to remove 19 books from school libraries violates both federal and state free speech protections.
These books, now back on shelves due to a court order, primarily feature authors or subjects related to LGBTQ people, people of color, or both.
### An Unusual Fundraising Approach
While school districts commonly fundraise for supplies or field trips, soliciting donations to pay legal fees is uncommon. The donation page — hosted by Ganahl’s group — features a heading that reads “Save Elizabeth School District,” with suggested donation amounts ranging from $250 to $10,000.
Publicly available school district financial records do not clarify how much the district has spent on this lawsuit. District officials declined to comment on the expenses.
### Who Is Involved in the Case?
Plaintiffs include two students from the district, a chapter of the NAACP, and the Authors Guild, a professional writers’ organization. Their attorneys argue that book removals violate free speech protections.
Among the removed titles were notable works such as *The Bluest Eye* by Toni Morrison, *The Kite Runner* by Khaled Hosseini, and *It’s Your World If You Don’t Like It, Change It* by Mikki Halpin.
District lawyers counter that the books were removed due to concerns about age-appropriateness, lack of educational value, and sensitive content including graphic violence, explicit sexual references, extreme substance use, and themes of self-harm.
### District Leadership Responds
Elizabeth Superintendent Dan Snowberger declined a phone interview but sent a text message emphasizing the district’s financial stability. He described the lawsuit’s origin as “unusual,” writing:
> “It’s unusual for a behemoth organization like the ACLU with a major financial war chest to come after a small rural district. We will not allow them to impact the educational opportunities for our children in the district, and will do everything necessary to mobilize outside forces to protect our children.”
The district has framed the legal battle against the ACLU as a David versus Goliath story. On social media and at board meetings, some community members have voiced support for both the book removals and the legal fight.
### Community Divisions Over the Issue
Supporters of the removals often cite graphic content—such as descriptions of sexual assault—as inappropriate for students.
However, other community members oppose both the book bans and the fundraising efforts. Jessica Capsel, an Elizabeth resident whose son previously attended district schools, criticized the time and money spent on the lawsuit.
“That pop-up [window] begging for money pops up every time you change a page,” Capsel said. She added that a previous lawsuit she won against the district related to open meeting violations was more straightforward, suggesting the current priorities are misplaced.
### The ACLU’s Position
Tim Macdonald, legal director of the ACLU of Colorado, said the organization did not “come after” Elizabeth. Rather, district students and families asked for compliance with the Constitution to stop banning books that contain viewpoints or content opposed by board members.
He stated:
> “Fighting for the constitutional rights of students in Colorado is how we protect children; violating their constitutional rights is not protecting children.”
### Financial Transparency Questioned
It remains unclear how much the Elizabeth School District has spent on its legal defense since the lawsuit’s filing 10 months ago.
District financial records suggest modest payments to the two main law firms involved. From January through June 2025, the district paid about $6,500 to First and Fourteenth (based in Colorado Springs), none to Mitchell Law (Austin, Texas), and approximately $57,000 to Miller, Farmer, Carlson Law. The latter firm usually handles routine district matters but is also involved in this case.
### Fundraising Details Remain Opaque
The amount raised through the legal defense fundraiser and how those funds are allocated is not publicly clear.
Heidi Ganahl’s conservative news outlet Rocky Mountain Voice operates the online donation page “Save Elizabeth School District” but did not respond to questions about fundraising totals or fund distribution. Ganahl provided a statement saying:
> “Our fundraising assistance supports the board in exercising its authority to curate age-appropriate library content, responding to parental concerns about sensitive themes like explicit content or divisive topics.”
Julian Ellis, one of the district’s lawyers from First and Fourteenth Law, did not respond to inquiries about donations collected. The district website lists Ellis as the recipient for paper checks made payable to the Article III Foundation, an Alexandria, Virginia-based group supporting the district’s legal expenses.
Similarly, Lori Gimelshteyn, executive director of the parents’ rights group Parents United America — another fundraiser host — did not provide information about funds raised or their destinations.
### Additional Fundraising Efforts
Citizens Defending Freedom, based in Mulberry, Florida, is a fourth partner in fundraising efforts for Elizabeth’s legal costs. Last Thursday, they held a “Protect Our Children” fundraiser at a Colorado Springs church, with ticket sales supporting Ganahl’s group.
Tickets ranged from $100 for a single entry to $2,000 for a “platinum” package that included 10 tickets, VIP seating, and a private reception with speakers.
When asked about fundraising totals, a spokesperson for Citizens Defending Freedom referred Chalkbeat to Bonnie Wallace, a legislative liaison for Recovering America — an organization promoting Biblical values — and one of the event speakers. Wallace did not respond to multiple requests for comment.
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*This story was originally published by Chalkbeat, a nonprofit news site covering educational change in public schools. To receive newsletters, visit ckbe.at/newsletters.*
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https://www.denverpost.com/2025/10/16/elizabeth-school-district-book-ban-legal-fees/
