Letitia James sued for ‘threatening to remove’ school board members over trans athlete debate

NEW YORK CITY, NEW YORK: A lawsuit has been filed against New York Attorney General Letitia James, alleging that she threatened to remove school board members who allow discussion opposing the inclusion of transgender students in girls’ sports and locker rooms during board meetings.

The core of the legal complaint centers on a “guidance letter” from James’s office, which warned that board members could face removal if they permitted comments deemed to “demean and stigmatize LGBTQ+ students.”

Lawsuit claims Letitia James threatened removal over transgender policy debates

The lawsuit was filed after Letitia James' office issued guidance that allegedly warned school board members against using the wrong pronouns for a transgender person or allowing students to publicly express discomfort about transgender athletes using facilities consistent with their gender identity rather than their biological sex.

According to one of the plaintiffs, Massapequa Union Free School District Board Chair Kerry Wachter, James’s office instructed her to "mute and dismiss any board meeting speaker that expressed views opposing trans athletes in girls' locker rooms and sports."

Wachter said, "They're saying if we allow this discussion in our board meetings, she can come in and remove us from the board. They want me to stop public comment and stop them from speaking."

She emphasized that the discussions were centered on the concerns of female students without naming transgender students directly.

A copy of James' letter stated, "Unfortunately, some board members have made, and encouraged, comments during board meetings that demean and stigmatize LGBTQ+ students. These comments have included attacks on school support for LGBTQ+ student groups and on transgender and gender-expansive students' rights to use facilities, including restrooms and locker rooms, or participate on school athletic teams consistent with their gender identity, rights that remain firmly embedded in state law."

The letter added that board members "may be removed from office when they willfully neglect their duty or violate legal protections for students in their districts."

Lawsuit claims Letitia James violated First Amendment by restricting trans debate

The plaintiffs and their attorneys characterize the case as viewpoint discrimination and a violation of the First Amendment. 

Representing the plaintiffs, Southeastern Legal Foundation Attorney Kim Hermann said, "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. 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."

James’ office cited the Dignity for All Students Act, a state law barring harassment and bullying, in defense of the warning.

However, Hermann countered by saying, "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," adding, "When they're threatening the removal of dually-elected school board members for simply allowing public debate, that's a blatant violation of the First Amendment."

Massapequa school policy fuels controversy as First Amendment lawsuit expands

The legal action comes amid a broader national debate, where testimonies from female students and parents expressing concerns about sharing spaces with biological males have become increasingly common at school board meetings.

The Massapequa Union Free School District, where Wachter serves as board chair, became a focal point after implementing a policy last September requiring all students to use facilities based on their biological sex.

That policy prompted a separate lawsuit from the New York Civil Liberties Union. Wachter said she received the guidance from James’ office in May of this year.

The class-action suit includes plaintiffs such as Danielle Ciampino, a board member from the Rotterdam-Mohonasen Central School District, and parents Sarah Rouse and Issac Kuo from the Rockville Centre Union Free School District.