Buck Dougherty, senior counsel with Liberty Justice Center, tells AFN it was an email that resulted in the firing of head track and field coach John Parks of Oregon.
Parks emailed the Lake Oswego School District and the Lake Oswego School Board with a suggestion about transgender athletes.
“He wrote a letter to the Oregon State Activities Association as a private citizen. There was a transgender athlete that was competing against his female athlete later on in the state championship, and he wrote the letter suggesting an open division for transgender athletes,” Dougherty said.
An open division would allow transgender athletes to compete. Athletes would choose their division, rather male, female or open, and would be eligible provided other criteria had been met. Championships would be awarded for each division.
Proceeding with caution
The letter was carefully worded. It did not criticize transgenders but raised the issue of fairness in competition.
“He was very fair and even expressed that he has family members who are transgender. He was just trying to come up with a solution that was fair for everyone, and he did that as a private citizen," Dougherty said.
Parks, who has coached track and field in Oregon for more than 40 years, was fired by the Lake Oswego School District in June.
Dougherty described this as a First Amendment retaliation lawsuit that basically says he has a right to speak as a matter of public concern, as a private citizen on a matter of public concern, and that it was unconstitutional to terminate him for that reason.
"A few days ago, we filed a motion for a preliminary injunction, and we're asking for an expedited hearing to reinstate him. So that's currently where the case stands."
Earlier ruling boosts Parks' position
Dougherty referenced a Supreme Court case from the late 1960's called Pickering V. Board of Education.
In that case the Supreme Court found that Mr. Pickering, a science teacher, could not be terminated after he wrote a letter criticizing his employer, a school district in Illinois, because he felt too much funding was going to athletics and not academics.
"We believe it's a strong case. That's why we were pleased to represent Coach Parks. So, we'll see how it proceeds."
