'Rainbowland' controversy, fired Waukesha teacher files lawsuit

WAUKESHA, Wis. - The fired Waukesha school teacher at the center of the "Rainbowland" song controversy has filed a federal civil lawsuit against the district and superintendent, court filings show.

The School District of Waukesha board voted unanimously to fire Melissa Tempel, who worked at Heyer Elementary, at a public hearing in July. The lawsuit alleges Tempel's termination was a violation of her First Amendment rights. 

Tempel was initially put on leave after she tweeted her opinions about a school concert after the principal decided not to allow the Miley Cyrus-Dolly Parton duet "Rainbowland" to be sung by students. Tempel's tweet went viral and caught national attention.

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Melissa Tempel

Tempel requested her July hearing be held in public; they are normally private. During that hearing, she told the board she tweeted while she was off work and entitled to free speech: "I thought that the fact ‘Rainbowland’ wasn’t going to be allowed was something the public should know."

The school district said administrators received dozens of calls and emails – including some threats. Ultimately, Superintendent Jim Sebert decided Tempel violated three district policies as grounds for her termination. Namely, the superintendent said Tempel should have raised her concerns with supervisors and not on social media.

The lawsuit seeks a jury trial and unspecified damages, according to court filings.