10th Circuit to hear Elizabeth School District appeal over library book removal

Dan Snowberger, Superintendent for Elizabeth School District
Dan Snowberger, Superintendent for Elizabeth School District
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The U.S. Court of Appeals for the 10th Circuit announced it will hear oral arguments on January 23 in Denver in Crookshanks, et al. v. Elizabeth School District, as the district challenges a lower court ruling that ordered 19 books returned to school libraries.

According to the calendar from the U.S. Court of Appeals for the Tenth Circuit, oral arguments for case number 25-1105 CO are scheduled for January 23 at 8:30 A.M. in Courtroom II before judges Phillips, McHugh, and Federico. The American Association of School Librarians and others appear as amici curiae. This case arises from the district’s appeal against a preliminary injunction mandating the restoration of removed books to libraries.

The Elizabeth School District had removed these books in 2024 following a review process involving parents, teachers, community members, and others. The removals were based on content concerns such as sexually explicit material, graphic violence, profanity, drug use, and other sensitive topics found in titles by authors like Ellen Hopkins that depict incestuous abuse and drug-related sexual encounters. The district said that these actions were taken following community feedback to support parental involvement while keeping historically or educationally valuable books available at parental discretion.

In March 2025, a federal district judge in Colorado issued a preliminary injunction ordering the Elizabeth School District to return the removed books to libraries and prohibiting further removals based on viewpoint disagreement due to likely First Amendment violations. The 10th Circuit denied the district’s motion for a stay pending appeal in 2025, allowing the books to remain available during the appeal process. The case includes claims that removals targeted themes related to race, inequality, and LGBTQ+ issues.

The Elizabeth School District serves approximately 2,700 students in Elbert County, Colorado. Superintendent Dan Snowberger defended the district’s actions by stating that schools should not alter values children learn at home and emphasized parental responsibility for instilling values. The district has sought community donations to cover legal expenses related to this lawsuit and appeal.



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