Federal appellate court favors teacher, faults superintendent Walker school board policy violates First Amendment
That federal judges have determined that some of Walker County School District’s rules governing public meetings are unconstitutional could prove costly.
The three-justice panel for the U.S. Eleventh Circuit Court of Appeals on Oct. 2, affirmed Judge Harold Murphy’s ruling in a lawsuit filed by Jim Barrett against the Walker County Board of Education and Superintendent Damon Raines.
The lawsuit alleges Barrett’s First Amendment right to free speech was violated when his attempt to speak in opposition to changes in the system’s grading policy — put forth by Raines— was denied.
The superintendent and school board defended their policy but, since the lawsuit is ongoing, have been advised to withhold comment until the matter is closed.
The court notes that during the period of May 2014 and January 2015, Barrett became a “vocal critic” of the new grading policy implemented by the superintendent without the school board having taken any official action.
The appellant court ruling notes Barrett, who in addition to his teaching position was president of the Walker County Association of Educators, had had “several discussions” before he was prepared to publicly express his opposition to the policy during the Feb. 17, 2015, board meeting.
In reply to his request, Barrett was informed it had been received too late for inclusion on the Feb. 17 agenda and that he could instead speak at the March 10, 2015, public planning session.
After consultation with Georgia Association of Educators legal staff, Barrett sued.
Michael McGonigle, legal services director for GAE, said the professional association supported Barrett’s claims and in March 2015 filed the lawsuit in the United States District Court for the Northern District of Georgia.
Barrett’s attorneys said Judge Murphy had tried to resolve the matter through mediation, something that would have precluded a trial, but the school system rejected that option.
The case moved forward and Judge Harold Murphy, in April 2016, granted an injunction against Raines’ and the school district policy.
The defendants filed an unsuccessful appeal and on Oct. 2, 2017, Justices Robin Rosenbaum, Julie Carnes and Ronald Lee Gilman ruled in Barrett’s favor. The opinion by the