New York AG Sued Over Alleged Threats To School Boards Debating Trans Athlete Policies

A lawsuit now alleges New York Attorney General Letitia James tried to strong-arm local school boards into shutting down public comment—specifically, speech criticizing policies that allow transgender students in girls’ sports and locker rooms.

According to the complaint, the alleged threats were delivered in a “guidance letter” that plaintiffs say warned board members they could face removal if they misgendered a transgender person or allowed speakers to voice concerns about transgender athletes participating in girls’ sports or using girls’ locker rooms.

One plaintiff, Massapequa Union Free School District Board Chair Kerry Wachter, said she was told her board should mute or remove speakers who express views opposing transgender participation in girls’ sports and access to girls’ facilities.

“They’re saying if we allow this discussion in our board meetings, she can come in and remove us from the board,” Wachter said. She added that, in her view, the discussions did not identify individual transgender students and instead focused on the concerns raised by female students and parents.

Massapequa has drawn national attention in recent months after the board adopted a policy in September directing students to use restrooms and locker rooms based on biological sex. The New York Civil Liberties Union filed a lawsuit challenging the policy.

Southeastern Legal Foundation attorney Kim Hermann, who represents the plaintiffs, alleged the guidance would restrict speech critical of transgender inclusion while permitting supportive comments.

“They’re not saying you can’t talk about this topic, they’re saying that nobody can speak out say in favor of biological sex,” Hermann told Fox News Digital. “If a transgender activist or an LGBTQ activist and say ‘boys need to be in girls’ sports, we need to have boys in girls’ locker rooms, these people are awful,’ they can say anything they want… but anyone who disagrees with them can not speak at these meetings anymore.”

Hermann argued the guidance improperly relies on New York’s Dignity for All Students Act (DASA), which aims to prevent harassment and bullying in schools, and does not override First Amendment protections for speech at public meetings.

“The First Amendment here reigns true, and so whether or not you have these state laws, a state cannot come in and just erase the First Amendment out of the Constitution,” Hermann said. “Whether or not statements and discussions about transgender and these different policies actually violate those state laws is absolutely irrelevant for what we’re talking about in this lawsuit.

The other plaintiffs in the lawsuit include Danielle Ciampino, a member of the Rotterdam-Mohonasen Central School District Board of Education; Sarah Rouse, a mother of students in the Rockville Centre Union Free School District; and Issac Kuo, a father of students in the Rockville Centre Union Free School District. 

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