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NORFOLK, Va. (September 5, 2015) — A federal judge has denied a bid by a transgender teenager to resume using the boys’ restrooms at his eastern Virginia high school.

U.S. District Judge Robert Doumar in Norfolk on Friday denied the preliminary injunction sought by Gavin Grimm.

The American Civil Liberties Union plans to appeal the decision to a federal appeals court. The ACLU is representing Grimm in the lawsuit against the Gloucester County School Board.

Grimm filed a lawsuit in June alleging he has been stigmatized by a policy that bars him from using the boys’ restrooms at Gloucester High School, about 65 miles east of Richmond.

The complaint says Grimm used the communal restrooms without incident until the board, responding to complaints from local residents, adopted a policy in December requiring transgender students to use a private facility.

ACLU released the following statement Friday:

“We are deeply disappointed with the court’s decision and will appeal as quickly as possible to ensure that Gavin does not have to endure this harmful and stigmatizing policy a single day more than necessary,” said Joshua Block, senior staff attorney in the ACLU’s Lesbian, Gay, Bisexual, and Transgender Project. “As a result of the decision, Gavin will have to start the school year under a demeaning and stigmatizing policy that relegates him to separate restrooms from his peers. We expect today’s decision to be reversed on appeal.”