Lori Sebastian for Bethel School Board
Status of Federal Case Filed in November 2022
Background Information
A group of parents and students sued the district, its board members, and superintendent challenging the administration's decision to grant accommodation to a transgender student, allowing her to use the communal restrooms in the high school aligning with her sex. The district, its board members and superintendent denied all wrongdoing, and immediately moved for dismissal of the lawsuit, believing the granted accommodation was legally required under federal law. Federal Judge Newman agreed, dismissing the lawsuit in its entirety, which is now on appeal in the United States Sixth Circuit Court of Appeals.
All 5 claims were dismissed on August 7, 2023.
A President Donald Trump judicial nominee, Federal Judge Michael J. Newman dismissed all five claims. The decision makes clear that the district’s intention was to follow the law and that an issue being controversial does not mean that the district violated someone’s federal civil rights. Read Judge Newman’s decision.
What if the Administration would have ignored the Board’s anti-discrimination policy or if the Board would have revoked its anti-discrimination policy? It is reasonable to think more lawsuits would have been filed. Further, It is reasonable to think (especially given Judge Newman’s decision) that the district and its elected and appointed officials would have been exposed to damage awards, including paying the other side’s attorney fees and costs.
For example, even when a plaintiff in a civil rights suit takes $1 in damages, the attorney fees and costs award can amount to $1 million dollars.
Board members take an oath to uphold the federal and state constitutions and the laws governing the district. Where public officials or employees act with malice, for example, and knowingly disregard the law or ratify the actions of a subordinate who disregards the law, an award of punitive damages could be imposed upon that official or employee. Punitive damages can not be insured against, and cannot be discharged in bankruptcy.
What other penalties could harm the district?
Federal funds could be revoked for non-compliance with Title IX. In 2022-2023, the district received over $2 million dollars in federal funds for special education, school lunch, and ESSER funds. Those funds would needlessly be placed at risk if the district’s administration or the board ignored existing federal law and case law interpreting federal law.
Key points:
1. The district acted, at all times, in compliance with federal law to prevent discrimination. A failure to comply with federal law needlessly risks the district’s receipt of federal funding benefiting all students.
2. As of March 2022, Bethel's anti-discrimination policy, PO2260 is the SAME policy adopted by every other Miami County public school.
3. Judge Newman states: "Although parents have the right to make decisions about where to send their children to school, they do not have a constitutional right to revoke a school’s policy on student bathroom usage."
4. Judge Newman further states: "Although the parties, undoubtedly, seek to vindicate what they believe is the truth, the allegations in the complaint do not pass legal muster under the applicable methods of constitutional, statutory or precedential interpretation.”
5. The school board’s attorney Lynnette Dinkler states: "The Court’s decision makes clear the school board acted to eliminate discrimination on the basis of sex. It equally makes clear the school district never acted in violation of any right owed to disagreeing students and their parents, including the right to freely exercise one’s religion."
Legal Counsel Consulted:
1. John Podgurski, attorney specializing in education law - has provided Bethel legal services since the mid 1990s
2. Lynnette Dinkler, attorney defending litigation with vast background defending public entity civil rights law - represents board of education and its elected and appointed officials
3. Bronston McCord III - attorney specializing in education law - with Ennis & Britton
4. Sara Clark, lead legal counsel for Ohio School Boards Association (OSBA)
All 4 attorneys agreed the district administration and board must follow the board’s written anti-discrimination policy.