A Bow police officer has been removed as a defendant in a federal lawsuit against the Bow School District regarding allegations of free speech violations during a silent protest against transgender athletes competing in girls’ sports.
The lawsuit, brought forth by parents Anthony Foote, Kyle Fellers, Nicole Foote and Eldon Rash, a family member of Fellers, centers around events that unfolded at a Bow High School girls’ soccer game against Plymouth Regional High School on Sept. 17.
During the game, a small group of parents wore pink armbands featuring “XX,” a symbol referencing the sex chromosomes associated with biological females, to protest the participation of transgender girls in girls’ sports teams.
Initially, Lt. Phil Lamy from the Bow police department was named in the lawsuit alongside Superintendent of Schools Marcy Kelley, Principal Matt Fisk, Athletic Director Mike Desilets, and soccer referee Steve Rossetti.
They faced allegations for asking the plaintiffs to remove the armbands and for requesting Fellers to leave the premises. However, in the amended complaint, Lt. Lamy’s name has been dropped from the case.
The school district has responded to the amended complaint demanding a jury trial.
Attorneys from the Institute of Free Speech, representing the parents said that after reviewing body camera footage, it became clear that Lt. Lamy had acted solely on the instructions of school staff while escorting Fellers from the scene.
“We have dismissed the police officer from the lawsuit because the video showed that it was Bow school district officials who were calling the shots,” said Endel Kolde, an attorney with the Institute for Free Speech as published in other media sources. “He was just following their instructions.”
“I asked Lt. Lamy to remove Fellers from the game,” wrote Desilets in a court document. “I asked Lt. Lamy to instruct Fellers to leave the premises.”
A transgender girl was playing for the Plymouth soccer team on the day of the protest.
The issue of transgender athletes playing in school sports gained attention in New Hampshire after Gov. Chris Sununu signed a new law in July, banning biological males from competing in girls’ sports from grades 5 through 12.
Following the incident, both Foote and Fellers received no-trespass orders. Foote’s ban was lifted after four days, while Fellers was prohibited from attending any fall sports events — home or away — meaning he couldn’t watch his daughter play soccer.
However, during an Oct. 9 court hearing, Judge Steven McAuliffe permitted Fellers to return to the sidelines, with the condition that he refrain from protesting during games.
A hearing is set for November, where both sides will present further evidence to help the court determine whether school districts can limit parents’ protests against transgender athletes’ participation if such protests constitute hate speech, or if they qualify as harassment of students that warrants action.
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