A group of New Hampshire parents is suing a local school district for banning them from school grounds after attending a girls' soccer game wearing pink wristbands in protest of a transgender player on the visiting team.
Kyle Fellers, Anthony “Andy” Foote and Eldon Rush were spotted wearing wristbands with “XX” written on them, representing female chromosomes, during a September game at Bow High School. He was approached by officials, local police officers, and referees. Bow and Plymouth Area High School girls varsity soccer team game on the 17th. The superintendent then issued a “no trespassing” order to Foote and Ferrars, prohibiting them from setting foot on school grounds.
“More than 50 years ago, the Supreme Court ordered that all Americans wear black armbands to school,” Del Corde, chief attorney at the Institute for Free Speech (IFS), said in a press release. The court held that there is a right to protest.” “Today, the political debate is different and wristbands are pink instead of black, but the First Amendment still protects our customers today as it did 50 years ago.”
IFS attorneys and local attorney Richard Lehman filed the lawsuit Monday in U.S. District Court on behalf of Mr. Ferrers, Mr. Foote, Mr. Rush and Mr. Foote's wife, Nicole.
Fellers and his colleagues, all parents (or grandparents in Rush's case) of Bow women's soccer players, bear some responsibility for the situation in which those same courts found themselves. On September 10, Chief Justice Randya McCafferty issued an injunction against a new state law banning transgender athletes from participating in women's sports. One of the plaintiffs in the case, biological male Parker Tyrrell, plays on the Plymouth women's soccer team and was therefore expected to be on the field a week later against Bow.
A few days before the game, Nicole Foote met with Bow High School's athletic director, Mike Desiretz, and expressed her concerns about male athletes competing against women. “Mr. Desiretz told Nicole that the court's decision prevented the school district from doing anything about the situation,” according to the complaint.
On September 16, Desiree sent an email to football families warning that in accordance with school policy, “any inappropriate signs, references, language or anything else present during the game will not be tolerated.” However, he added: “There are some different opinions regarding tomorrow's match… (sic) no problem at all.”
What he failed to mention is that while it is acceptable to have a “different opinion,” expressing it, no matter how polite or discreet, is not.
During the game, Andy Foote distributed wristbands to several other spectators. At his request, I didn't wear it until the second half. During the first 10 minutes of the second half, he and Fellers wore wristbands, but otherwise did nothing to draw attention or disrupt the game, the lawsuit alleges.
Nevertheless, even this silent protest was too much for Desilets, who approached the two men and ordered them to remove their wristbands. The men argued to no avail that they had a First Amendment right to protest on public property.
Andy Foote responded without making much of a fuss.
Meanwhile, Ferrers stood his ground, and Desilets summoned Bow High School Principal Matt Fisk and Bow Police Lt. Phil Ramey. Ramey told Fellers, “Either leave the game or remove your wristband,'' according to the suit, which alleges that the First Amendment did not apply because Fellers was on private property. . The “heated” confrontation ended when Ferrers “finally removed his wristband.”
Rush, Ferrers' former father-in-law, took over wearing the wristband, but was soon given the same ultimatum.
biased referee
According to the plaintiffs:
Referee Steve Rossetti stopped play and ordered both teams to return to their benches. According to Rossetti, he stopped the game because the football players could overhear “you guys arguing” about “the First Amendment thing.” The match was not restarted for approximately 15 minutes. Mr. Rossetti told the crowd on the sideline that Bow High School would forfeit the game (and therefore be ineligible for the playoffs) unless all wristbands were removed. Rossetti said Rush “has no right to embarrass children” and that if he did not remove his wristband, “the game is over.” Rush took off his wristband and placed it on his lap.
After the game, Rossetti encountered Ferrers in the parking lot, who was holding a sign that read, “Protect women's sports for female athletes.” Rossetti allegedly hurled obscenities at Ferrers and “said her daughter would hate him.”
Within days, both Andy Foote and Ferrars received “no trespass” orders. Both orders were effective for a limited time, but the superintendent reserved the right to extend the terms.
plaintiff's plea
“Plaintiffs are frustrated that their views and even presence are prohibited by the Bow School District, especially when other spectators are allowed to promote their views and opinions at school events. , feel it is degrading,” the complaint states.
They are asking the court to prevent the district from continuing to “discriminate on grounds that are unconstitutional.”
“The idea of being censored and threatened with exclusion from public events for adhering to my beliefs is not just a personal affront, it's a violation of the very rights I'm sworn to protect,” said Andy, 31.・Foot said. Army veteran. “Sometimes I wonder if we should have stayed here and fought for our rights instead of abroad.”
