After receiving complaints from staff members, the district directed her to refrain from bringing those items onto campus.
A red, white and blue backpack with “TRUMP” in large letters and a water bottle with, among other political- and religious-related stickers, a photo of former President Donald Trump apparently got an American Sign Language aide suspended without pay.
She had been bringing them to Del Mar High School until coworkers complained and the San Gabriel Unified School District indefinitely suspended her, citing a California law that, in at least some circumstances, prohibits on-campus politicking.
So Alyssa Esquivel, who began working as an ASL special-education instructional aide for the district in October 2022, assisting deaf students in one-on-one assignments, sued the agency on July 26.
“Some coworkers made repeated statements attacking her beliefs, accused her of taunting them and, at other times, coworkers moved the bottle out of reach because they didn’t want Trump looking at them,” said her attorney, Julianne Fleischer.
The conflict begin in May 2023 at the San Gabriel school, her lawyer said, when Esquivel began facing backlash from colleagues about the backpack and the water bottle.
The district told Esquivel to refrain from bringing the backpack and the water bottle onto campus.
Officials cited state law, which says no school district’s “services, supplies, or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate.”
Further, teachers and staffers are not allowed to wear buttons or clothing expressing political opinions on ballot measures or candidates during instructional time, according to the district’s policy manual. However, teachers can wear political buttons during non-instructional time, including at after-school events.
Esquivel, who declined an interview through her lawyer, argues in her suit that her backpack and water bottle are not political attire.
District officials, including the principal, declined to comment on the lawsuit.
But Ana Gracelia Najera Mendoza, director of education equity with the American Civil Liberties Union and a lawyer, said there is a balance on campuses when it comes to politics. Because educators have power and influence over students they teach, and because students are mandated to be in school, campus officials have an interest in regulating speech, she said.
“Students and staff do have rights to expression on campus, and there are limitations on policies that can be imposed,” she said. “But schools do have the ability under California law to put restrictions on political activities.
“While not a direct endorsement of a political candidate or policy, it can still be seen as wearing merch that conveys political view,” she said.
Esquivel covered a portion of her backpack, so that only the letters “TRU” of the president’s last name were visible. She insisted on having the backpack and water bottle at school.
Esquivel was still told she could face fines and imprisonment for bringing her water bottle and backpack to school, the suit says. Police were called to escort Ms. Esquivel off the premises, Fleischer said.
District officials told Esquivel she was banned from campus, and that she was on involuntary paid administrative leave.
In February, Esquivel’s lawyer sent a letter demanding her client’s immediate reinstatement.
Five days later, the district sent Esquivel a letter of termination, citing inefficiency, insubordination, discourteous treatment of colleagues, improper political activity and violation of district policy, according to the lawsuit.
A followup letter offered the aide the chance to resign in lieu of being terminated.
In April, district officials moved forward to dismiss Esquivel.
She received pay until June, the suit says. As of now, her lawyer says, she is suspended without pay. The lawsuit seeks an unspecific amount of money and her job back.
Esquivel has since gotten two part-time jobs elsewhere.
Staff writer David Wilson contributed to this report.
