Lexington District 1 board sued by former candidate for violating her freedom of speech

Lexington District 1 board sued by former candidate for violating her freedom of speech

Lexington County, South Carolina – The Board of Trustees overseeing Lexington County’s largest school district is being sued by a former board candidate. Dana Homesley filed suit against Board Chair Anne Marie Green and the Lexington County School District 1 board on Feb. 6 claiming that on or around Nov. 16, 2021, the defendants prevented her from speaking at a Lexington 1 board meeting.

Legal Battle Unfolds

Reached by the Chronicle, the district declined to comment, while Green told the Chronicle that she had yet to see the complaint and therefore wouldn’t comment. Homesley didn’t immediately respond to a request for comment about her complaint.

Allegations and Claims

According to the lawsuit, Homesley is seeking money damages and declaratory relief against Green and the District 1 board. The lawsuit alleges that Homesley had “her constitutional rights … violated …  as a result of the policies and customs” of the Lexington 1 board and that Green is “liable on the theory of viewpoint discrimination.”

The complaint has to do with Homesley taking part in the citizens participation portion of a board meeting and reading aloud an email from former board member Jada Garris, who was on the board at the time of the email. The message had been acquired by Homesley through a Freedom of Information Act request.

Violation of Freedom of Speech

“While Plaintiff was reading, Defendant Green interrupted her and told her that she is not to speak about staff or students and ultimately asked her to sit down, cutting her time to speak short and preventing her from reading the email into the record at Defendant School Board’s meeting,” the lawsuit reads.

As such, the lawsuit states, Homesley suffered a “violation of her constitutional protections under the First Amendment to the United States Constitution to be free in the exercise of speech.”

Board Meeting Incident

The district’s minutes for that meeting, which are made public after being approved by the board, state that Homesley was one of 18 speakers during public participation. During the meeting, which is available to watch online, Homesley was able to speak for roughly a minute and a half before Green stopped her, asking Homesley to not discuss personal matters that belong to specific individuals.

Homesley claimed that the email was a matter of public information and should be a matter of public record. She ultimately asked Green, “What are you afraid of?” Green then said that the board has rules and guidelines and claimed that Homesley was attempting to get around them.

Policy Enforcement

The lawsuit mentions the board’s policy regarding public participation in board meetings, which state, “Speakers may offer such objective criticisms of school operations and programs as concerns them. But in public session, the board will not hear personal complaints about school personnel nor against any person connected with the school system.”

A different policy related to public participation states that “the Board vests in its Chairman or the presiding officer authority to terminate the remarks of any individual when he doesn’t adhere to the rules established above.”

Continued Challenges

According to the lawsuit, Homesley claims that the policy was enforced by the defendants when speakers were speaking critically about individuals but not when speakers spoke positively about individuals.

The outcome of this legal battle could potentially impact how public participation is regulated in board meetings moving forward.