Maine school board ordered to pay a parent $40K for violating First Amendment rights

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A Maine school board on Thursday was ordered to pay a parent that they banned from attending school functions $40K for violating the First Amendment.

The Randazza Legal Group and Center for American Liberty represented client Shawn McBreairty in his federal lawsuit against the Maine-based School Board of Regional School Unit 22 for violating his First Amendment rights. 

McBreairty filed the lawsuit, Shawn McBreairty v. School Board RSU22 on July 8 as a result of the school board banning him from attending school programs and board meetings.

McBreairty stated, "I filed this lawsuit because I believe that we do not have a Constitutional Republic without the First Amendment. I didn’t receive any taxpayer money from this, I did it because it was the right thing to do. I hope that Chair Heath Miller and RSU22 learned their lesson and they will treat everyone with the respect and dignity that we deserve from now on when it comes to our Constitutional rights."

The Hampden-based RSU22 will pay McBreairty, an advocate for accountability in public education, a settlement of $40K after they attempted to ban the conservative activist from attending school functions.

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Opponents of the academic doctrine known as Critical Race Theory protest outside of the Loudoun County School Board headquarters, in Ashburn, Virginia, U.S.  June 22, 2021. REUTERS/Evelyn Hockstein (REUTERS/Evelyn Hockstein)

McBreairty’s lead attorney, Marc J. Randazza, said in a press release that "even after being sued, they would not be reasonable, but the federal court compelled them to be and the federal judge saw their actions for what they were - unconstitutional."

Responding to the outcome of the settlement, RSU22 sent a statement to Fox News Digital.

"RSU 22 is pleased to announce it has reached a settlement with a citizen over their challenge to the District’s state-mandated, public participation policies. The District acted appropriately in enforcing these policies, and will continue to call out inappropriate speech when necessary. The District welcomes and respects the viewpoints of all community members. The District looks forward to serious discussions about school-related topics, and we urge people to be civil in their discussions and follow District policies so that all people, especially the students we serve, always feel welcome and included."

This past fall, McBreairty had spoken out against sexualized library books in RSU22. 

McBreairty sounded off on library books including "The Other Boy," the story of a 12-year-old who tries to conceal from his family that he is transgender, and "All Boys Aren't Blue," which has been removed from libraries in multiple states for reported "sexually graphic material."

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McBreairty, a parent of twin girls who are now in college, also clashed with Maine School Administrative District 51 last year after he accused staff of teaching critical race theory when his twins were juniors and seniors.

McBreairty also pushed back against his daughters' school district for sending the community "an equity letter" following the murder of George Floyd, which he said on the Faulkner Focus last year "basically called us all white supremacists in Cumberland, North Yarmouth." He noted that he came across the letter almost exactly one year ago and called the past year one of "frustration."

Shawn McBreairty, a parent of twin girls, said he was banned from their graduation over objections to critical race theory being taught in their school, telling 'The Faulkner Focus' that 'we need education, not indoctrination.'

Before the $40K settlement, McBreairty won an injunctive relief against the school district on July 21 when filed the lawsuit to the U.S. District Court for Maine for his constitutional rights being violated.

The judge who granted a temporary restraining order against RSU 22, federal district judge Nancy Torresen, wrote in her opinion "here, it is hard to shake the sense that the School Board is restricting the speech because the Board disagrees with both Mr. McBreairty's opinions and the unpleasantness that accompanies them."

The Superintendent of MSAD Jeff Porter denied claims that MSAD#51 taught CRT in a statement sent to Fox News previously.

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"We do not teach white children to hate the color of their skin. To the contrary, we teach all of our students the importance of self-worth and acceptance of self and others." 

Randi Weingarten, president of the American Federation of Teachers and a member of the AFL–CIO, speaks alongside Michael Mulgrew, president of the United Federation of Teachers, a New York City teachers union, left, during a news conference, Monday, Oct. 4, 2021, in the Manhattan borough of New York. (AP Photo/John Minchillo)

McBreairty's daughters who are now in college used to be enrolled in MSAD #51, which serves the communities of Cumberland and North Yarmouth. 

Parents all over the country have been speaking out against coronavirus-related mandates in schools and progressive curriculums that have been associated with critical race theory or gender theory.

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