Politics
CCSD trustees sue district, alleging board policies violate free speech rights
Two Clark County School District trustees filed a federal lawsuit Monday against the district and board president, claiming governance policies unconstitutionally restrict elected officials' speech and were used to punish one trustee for wearing a religious T-shirt and posting on social media.
Two Clark County School District trustees filed a lawsuit Monday in Clark County District Court against the district and its Board of Trustees, alleging that board governance policies unlawfully restrict what elected trustees can say publicly and were used to discipline one of them for expressing religious beliefs.
Trustees Lorena Biassotti and Lydia Dominguez also named Board President Emily Stevens as a defendant in her official capacity. The complaint follows a public reprimand of Biassotti at an August board meeting over her social media posts and an XX-XY T-shirt she wore to a meeting, which she says reflected her religious beliefs.
The lawsuit challenges Governance Policies GP-2 and GP-3, which the trustees say bar board members from making negative or disparaging remarks about the district, board members or board decisions. The complaint also points to rules discouraging posts about education topics that could come before the board and opinions on socially or politically sensitive issues. The trustees allege the policies are vague and give the board majority room to selectively discipline members for expressing views it opposes.
At the August meeting, Stevens publicly reminded Biassotti of her obligations under the policies after earlier private warnings, according to the complaint. The board said at the meeting that no vote or formal action would be taken. Stevens said the reprimand was about enforcing board policies, not punishing Biassotti for her beliefs.
Dominguez was not subjected to the same disciplinary process, but the complaint says she fears it could be used against her because she expresses similar views and intends to continue criticizing board decisions publicly.
The lawsuit alleges violations of the First Amendment, the Fourteenth Amendment, the Nevada Constitution and Nevada's Open Meeting Law. Biassotti also claims the board considered allegations of misconduct against her without providing the notice required by state law.
The trustees are asking a judge to block enforcement of the policies against protected trustee speech, remove references to the August proceeding from board records and restore Biassotti as a CCSD representative to the Council of the Great City Schools. They also seek damages and attorney's fees. The complaint requests a jury trial.
The case raises questions about the balance between a school board's ability to maintain decorum and the free-speech rights of elected officials, a tension that has played out in local governments across the country. The outcome could set a precedent for how far Nevada public bodies can go in restricting the speech of their own members.