Gardner Edgerton ‘unwarranted’ in barring mom after photo spurred online hate, judge says

A U.S. District Court of Kansas judge ruled that the Gardner Edgerton School District overstepped when it restricted a mom’s access to school property, despite claims that she violated the district’s bullying policy.

Judge Eric Melgren’s order siding with the parent, who has led several pushes to remove books from school libraries, said the district could not ban her from school property after she shared photos she took in the high school with an anti-LGBTQ social media influencer. District officials alleged her actions resulted in a teacher being harassed and threatened.

“Accordingly, because Plaintiff did not violate any school policy, the treatment she faced by Defendants was unwarranted,” Melgren said in his written order. “And the court further notes that her actions of posting pictures, however such actions might be interpreted or argued, is wholly unrelated to her attendance at school events.”

Assistant Superintendent Ben Boothe said in a statement that the school district will not provide public comment on the matter other than through court proceedings.

“Our top priority is ensuring a safe, supportive, and respectful learning and working environment, free from threats, intimidation, and harassment,” Boothe said in the statement.

Last month, Superintendent Brian Huff sent a letter to Carrie Schmidt that restricted her access to district property after she sent photos to the conservative, anti-LGBTQ social media account Libs of TikTok.

The photos depicted stickers displayed in classroom windows that read “safe space for all” and “ally.”

The Libs of TikTok account posted one of Schmidt’s photos that included a sign with a teacher’s full name on it to its 4.3 million followers.

According to the judge’s written order, the teacher was so distraught by the hateful comments on the post, she asked to leave for the rest of the school day.

Along with limited access to district property, the district prohibited Schmidt from contacting the teacher named in the photo and removed Schmidt from the school’s Educational Services Advisory Committee — which reviews district curriculum, instruction and assessment topics and makes recommendations to the school board and superintendent.

Schmidt filed a lawsuit a few days later, claiming that the restrictions to public spaces violated her First Amendment right to free speech and Fourteenth Amendment right to due process and equal protection.

Melgren agreed.

In his written order, Melgren said that Schmidt did not bully or harass the teacher herself, rather the harm was caused by “random anonymous users” who commented on the post.

Scmidt didn’t ask Libs of TikTok to post something harmful, the order said, instead she sent “publicly posted material to a public platform that disseminated the already public material to a larger audience.”

“The fact that such people posted horrific or disturbing comments to the Libs of TikTok posts about the classroom’s teacher is twice removed from Plaintiff (Schmidt),” Melgren said. “No evidence was presented showing that Plaintiff herself committed any bullying and in response to a direct question, Defendant Huff admitted that he had no evidence she had personally engaged in bullying activity.”

The district’s restrictions on Schmidt deprived her the right to attend “irreplicable events” like her son’s senior banquet, state wrestling tournament and graduation ceremony, the order said.

“Although Plaintiff has been granted permission to attend these events, the mere fact that she must obtain permission when other similarly situated members of the public do not is a deprivation of liberty,” Melgren said.

However, the judge did leave some of the district’s orders in place.

Schmidt isn’t allowed to contact the teacher nor is she allowed to serve on the Educational Services Advisory Committee. The district’s policy states that “volunteering is a privilege” and the “district may terminate the services of a volunteer at any time.”

“Schools may control who volunteers at its school events and who serves on its school committees,” Melgren said.

While this order is temporary, Melgren found that Schmidt would be likely to win her claim. Linus Baker, Schmidt’s attorney, said in an email that the lawsuit will move forward unless the district files a motion to dismiss the case.

“But I suspect that the school district will continue to spend …taxpayer money in fighting what Judge Melgren predicts to be a losing battle for them,” Baker said.

Boothe said in the statement that the district is “fully prepared to defend its actions in court,” and that it will continue to prioritize the well-being of students and staff and a positive educational environment.

This story was originally published March 27, 2025 at 12:22 PM.