Co-Founder of El Modena Club May Quit Lawsuit

One of the founders of the Gay-Straight Alliance said Wednesday that she will “probably not” continue as a plaintiff in the federal lawsuit that has drawn national attention to the Orange Unified School District.

Junior Heather Zetin would not divulge why she was thinking of leaving the lawsuit, in which she is one of two student plaintiffs, or why she quit March 6 as president of the El Modena High club she had fought for in court.

Zetin, 16, plans to resign even her membership in the club she founded with Anthony Colin, she said. “But I don’t know how to go about formally resigning” yet, she said. She expressed some regret at leaving an organization she fought for months to found, but said, “I can’t explain why I’m leaving.”

Laura Brill, one of the lawyers representing the teen plaintiffs, said the lawsuit continues and Zetin will remain a plaintiff unless she formally asks to be removed.

“Anthony is still a plaintiff, and the club itself is still a plaintiff,” Brill said. “We haven’t filed anything with the court regarding Heather. . . . Until papers are filed, she can change her mind.”

El Modena High School students Colin and Zetin proposed a Gay-Straight Alliance in September but were denied by school board members three months later. The students said they formed the club to promote acceptance and understanding among diverse students, not to discuss sex. Some residents and school board members objected to the club, however, citing concerns about parents’ rights, the possible influence of outside groups and club discussions overlapping with sexual education curriculum.

The students filed a lawsuit, using a federal access law that says school districts that accept federal money cannot pick and choose among nonacademic clubs based on what might be discussed at meetings. In the lawsuit, the students also accuse the district of violating their rights to free speech and equal protection under the law.

The students won an initial victory last month, when a federal judge ordered the school district to allow the club to meet until the lawsuit can be heard this summer.

Attorney James Bowles, who represents Orange Unified School District, said he had not seen any documentation about Zetin leaving the case. He was not sure whether her resignation from the club would automatically bar her from remaining a plaintiff.

“Obviously, she can dismiss her action,” he said. “Still, Colin would be a plaintiff, so the case wouldn’t go away.”