Leo Davis is a 5-year-old boy whose parents describe him as “gender expansive.” According to his parents, Danielle Super and Michael Davis, “he has gravitated toward things traditionally associated with girls,” such as dresses, the color pink, and Barbie dolls, “since before he could speak.” Although Leo’s parents “told the school about his gender expression” before he arrived, his classmates were “confused about whether to call him ‘he’ or ‘she'” and “did not understand why he was using the boys’ bathroom.”
In one conversation with the school officials, the principal allegedly told Leo’s parents “it would be easier” if Leo identified as transgender.
Leo’s parents filed a lawsuit on his behalf with the New York City Commission on Human Rights, alleging that his former kindergarten, P.S. 107 in Park Slope, Brooklyn, “created a hostile environment for their son, in violation of his rights.”
“The suit also contends that school officials reported Ms. Super on suspicion of child abuse after Leo made a comment about his genitals.” According to the complaint, a classmate’s parent mentioned to the teacher that she overheard Leo say that somebody “drinks out of my penis,” and when asked to clarify he responded, “My parents eat my poop.” The school then filed a report with the state’s Administration for Children’s Services, who subsequently launched a two-month investigation after which the state said the allegations against Ms. Super were “unfounded.”
According to the family’s attorney, Allegra L. Fishel, “The principal reported them because she believed that this family was somehow aberrant.”
“Leo transferred to a different public school in the middle of the last school year, and will start at a private school next week.”