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The Kenosha Unified School District is now 0 for 3 in the School Board and administration’s attempts in federal court to prevent Ash Whitaker, a transgender male student, from using boys-only restrooms at Tremper High School.

This time around, the school district struck out in an attempt to get a lower court to stay the preliminary injunction it already granted to Whitaker but which Kenosha Unified is appealing in the federal appelate court in Chicago.

Judge Pamela Peppers, presiding in U.S. District Court in Milwaukee, essentially ruled Monday that arguments made by Kenosha Unified’s outside counsel to stay the injunction were no different — and no more persuasive — than when the defense attorney had made them twice earlier.

In her written denial Monday, Peppers stated: “Every argument which the defendants raise in their motion for stay pending appeal was raised in their objection to the motion for preliminary injunction, and the parties argued every one of those issues at the Sept. 20, 2016, hearing.