A mother who was told to “zip it” and then thrown out of a school board meeting while addressing the board’s members has filed a lawsuit against the district, claiming that the board’s rules for public speakers are unconstitutional.
Plaintiff Ashley Ryder is seeking injunctive relief to stop the Big Walnut Local Schools (BWLS) from enforcing its rules at school board meetings.
“This is a case about a School Board and its President that utilizes unconstitutional public participation rules to silence criticism in violation of the First Amendment of the United States Constitution,” the lawsuit says. Moreover, Defendant Big Walnut Local Schools Board of Education … has so brashly announced its intent to continue to silence criticisms. Preliminary injunctive relief is required to reign in Defendant’s rules, as well and its Board President’s retaliation against his critics, like Plaintiff Ashley Ryder.”
It alleges that when Ryder was critical of the school district’s mental health services at a February 17 meeting, that School Board President Doug Crowl became angered, which led him to throw Ryder out of the meeting.
The suit further alleges:
Crowl was not finished after silencing Ryder’s speech. Indeed, Crowl continued to chill the rest of the public’s criticisms with an additional threatening speech after Ryder left the lectern. Crowl told the public that “public participation” is only for the public “to explain [its] position.” Crowl explained that the public may not make “accusations” or“call names.” Crowl continued that “any personal attacks, name calling … [he] will call out.” In other words, Crowl made it clear that he will silence any public criticisms of Defendant’s members, as well as any criticisms that include “name calling.”
According to the lawsuit, the school board’s speaking policies are quite strict.
For example, the school board may silence any speech which it considers “harassing,” “abusive,” “personally directed or “antagonistic.”
Ryder’s lawyers argue that those terms are so overly broad that they give the school board the unbridled authority to silence whomever they wish.
“Accordingly, this Court should enjoin the enforcement of Defendant’s public participation Policy and also enjoin Defendant from continuing to silence Ryder and the public based upon their viewpoints in violation of the First Amendment of the United States Constitution,” the court documents finish.
BWLS did not return a comment request.
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Pete D’Abrosca is a contributor at The Ohio Star and The Star News Network. Follow Pete on Twitter. Email tips to [email protected].
Photo “Big Walnut Local Schools Board Meeting” by Big Walnut Local Schools.
