Lexington, SC 02/15/2024 - Lexington One parent, Dana Homesley, filed a lawsuit on February 6, 2024 against Board Chair Anne Marie Green and the Lexington One School Board. Ms. Homesley’s suit alleges her rights to free speech were violated as a result of the policies and customs of the School Board, and that Chairwoman Anne Marie Green is liable under the theory of viewpoint discrimination.
The lawsuit alleges that when Ms. Homesley used the public participation portion of a board meeting to read an email into the record written by former board member Jada Garris, she was prevented from doing so by Chairwoman Green. Green interrupted her and told her that she was not to speak about staff or students, eventually asking her to sit down, cutting her time to speak short.
“The Email”, as it is referred to in the lawsuit, was provided to Ms. Homesley through a Freedom of Information request. The Email referenced Dr. Little and projects stemming from Lexington One’s $365 million bond referendum that were, according to Ms. Garris, over budget and behind schedule. The School Board repeatedly did not add Ms. Garris’ email to the minutes as she requested in her capacity as a sitting board member at the time, prompting Ms. Homesley to read The Email into the record during the time set aside for citizens to speak. Ms. Homesley alleges this practice of not allowing citizens to speak about staff or students was enforced when speakers were speaking critically about individuals, but it was not enforced when speakers were speaking positively about individuals.
The policy regarding public participation at meetings was slightly amended on or about December of 2023. The current policy also prevents criticism of the government and government officials, a violation of the First Amendment, by preventing reference to specific individuals affiliated with Lexington County School District 1.
Ms. Homesley is requesting a jury trial and a judgment declaring the following: that Lexington One School Board’s current policy regarding public participation is unconstitutional, an injunction prohibiting suppressing speech without due process, and an award for damages and fees.
Read the lawsuit here: http://tinyurl.com/LexingtonDistrict1
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