When a citizen criticized its progressive transgender policy at a public hearing, the Kearsarge Regional School Board put its foot down.
And stepped right into it.
The affluent district, which spends about $33,000 per student, has settled a lawsuit filed by activist Beth Scaer, agreeing to drop its “no derogatory comments” policy and commit to viewpoint-neutral treatment of all speakers. The district will also pay $33,000 in costs to Scaer’s legal team, as well as the non-profit Institute for Free Speech.
“Government by the people depends on the freedom of all citizens to dispute the most controversial issues of the day without censorship,” said Institute for Free Speech Attorney Nathan Ristuccia, the lead litigator in the case. “We are proud that we were able to help Beth Scaer protect the rights of all Americans to participate in political debate.”
The board used its constitutionally-suspect “no derogatory comments” policy during a 2024 public meeting to shut down Scaer’s comments after she referred to a biologically male athlete who competes on a girls’ soccer team as a “tall boy” and drew attention to the student’s physique. Board Chair Alison Mastin reportedly threatened to have police intervene against Scaer during the meeting because of her “derogatory” comments.
Scaer brought the lawsuit after she was silenced during the Kearsarge meeting that was called to discuss the Fairness in Women’s Sports Act. At the time the board silenced her, Scaer was attempting to discuss biological differences in athletic competition.
Other members of the public at the same meeting, however, were permitted to display signs with the student-athlete’s name and to use harsh and arguably offensive language to express their viewpoints — at odds with Scaer’s — without interruption. Those attendees were not found in violation of the school policy. Ristuccia said the settlement provides new protections against such unconstitutional enforcement.
The school district has also ended the practice of allowing biological males who identify as female to play on girls’ sports teams. And it’s writing a check to Scaer for $17.91, a symbolic evocation of the year the Bill of Rights was ratified.
All of the payouts will be covered by Primex, the district’s insurance company, and the agreement not involve any admission of wrongdoing. Instead, the settlement explicitly states it is to “buy peace” from further litigation or controversy.
“I’m pleased that the school board has agreed to important changes that will protect every citizen’s right to speak at public meetings,” Scaer said. “This settlement ensures that what happened to me won’t happen to others. Citizens can’t meaningfully participate in democracy when officials can silence them based on vague, unwritten rules.”
