Two New York school board members and two parents filed a federal civil rights lawsuit Tuesday against Attorney General Letitia James and Education Commissioner Betty Rosa, alleging state officials are unconstitutionally suppressing free speech at local school board meetings.
The complaint, filed in the U.S. District Court for the Northern District of New York, challenges a “Guidance Letter” issued by the state on May 8, 2025. The plaintiffs argue the letter effectively mandates self-censorship by threatening board members with removal from office if they permit “misgendering” or allow public discussion criticizing policies on transgender students’ access to facilities.
READ: James Comey, Letitia James ‘Off The Hook’ As Federal Judge Scraps Both Cases
The Core Dispute: Harassment vs. Public Debate
At the center of the legal battle is the state’s directive regarding the Dignity for All Students Act (DASA). According to the lawsuit, the Attorney General and Commissioner Rosa warned school boards that allowing comments deemed “inflammatory” or “stigmatizing” toward LGBTQ+ students—specifically regarding access to locker rooms, restrooms, and sports teams—could constitute a violation of state law.
The Guidance Letter reportedly advises that board members who allow such speech at open meetings could face removal for “willful neglect of duty.”
It defines “misgendering” as attributing a gender to someone that does not align with their gender identity, which the plaintiffs argue forces them to use preferred pronouns and compels them to silence constituents who wish to use biological pronouns.
READ: Holiday Travel Boom: Record-Breaking 122 Million Americans Ready To Jam Roads, Airports
Plaintiffs Claim “Heckler’s Veto”
The plaintiffs include Kerry Wachter (Massapequa Union Free School District) and Danielle Ciampino (Rotterdam-Mohonasen Central School District), both elected board members, alongside parents Sarah Rouse and Issac Kuo.
Represented by the Southeastern Legal Foundation, they contend that the state’s threat creates a “heckler’s veto,” silencing legitimate public concern about student safety and privacy under the guise of preventing harassment.
“The Attorney General and Commissioner of Education… require school board members across New York to self-censor and shut down parent speech that advocates for their core values,” the complaint states.
Wachter, who serves as Board President in Massapequa, noted in the filing that she has previously been accused of “misgendering” a speaker for refusing to use “they/them” pronouns. She argues the state’s guidance leaves her vulnerable to removal simply for holding a meeting where community members express views that biological sex is immutable.
READ: Kentucky Sen. Rand Paul: ‘Ulterior Motives’ In Trump Circle Could Trigger Unconstitutional War
Constitutional Questions
The lawsuit seeks a declaratory judgment and an injunction to stop the enforcement of the Guidance Letter. The plaintiffs assert that the state’s policy violates the First and Fourteenth Amendments by:
- Discriminating based on viewpoint: Allowing speech that supports gender-identity policies while banning speech that opposes them.
- Compelled Speech: Forcing board members to use preferred pronouns and adopt the state’s ideological framework.
- Vagueness: Failing to clearly define terms like “inflammatory,” “attacks,” or “baseless allegations,” leaving board members to guess what speech is permissible.
The Attorney General’s office has historically maintained that such guidance is necessary to protect students from hostile environments and ensure compliance with New York’s Human Rights Law.
The outcome of this case could set a significant precedent regarding the balance between protecting students from discrimination and preserving the rights of elected officials and parents to debate public policy.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
