Teacher sued Independence School District for free speech violations and won | Opinion
Jason Vollmecke of Independence is $2 richer. But no dollar amount could underscore what this former candidate for Independence School District Board of Education has endured.
In October, a federal civil rights lawsuit Vollmecke filed last year against Superintendent Dale Herl and the Independence school board was settled. In addition to compensatory damages — $1 for each of two claims he won — Vollmecke was also awarded $77,000 to cover legal costs, according to court documents.
“It was never about the money,” Vollmecke said this week.
Vollmecke is a longtime critic of district leadership — namely Herl. He sued Herl and the school board alleging First Amendment and due process violations, among other claims.
In a summary judgment ruling agreed to by both parties, U.S. District Court Judge Beth Phillips found the district violated Vollmecke’s First Amendment right to free speech by banning him from district property for a year. Phillips also ruled district officials violated Vollmecke’s due process rights because he was not afforded a legitimate opportunity to appeal the ban, court records indicate.
Because Herl violated Vollmecke’s constitutional rights to free speech, Phillips rejected Herl’s claims of qualified immunity, according to court documents.
Although the legal fight is over, the ramifications from the case could benefit others who openly voice displeasure with district policies in the future.
The ruling “demonstrates that the top officials are accountable to the public and the Constitution,” Vollmecke said. “It will keep people from being banned from school property across the state.”
Messages to Independence school district officials seeking comment were not returned nor was an email sent to their attorneys.
As part of the settlement, the Independence school board must adjust its vague policies that governs conduct on district property. No longer can Herl — or anyone in charge — simply ban patrons from buildings without offering them an option to appeal, according to terms of the settlement.
The ruling also makes it harder for Herl to ban non-threatening or non-disruptive speakers from speaking their minds during the public comment period of school board meetings.
These developments are encouraging because The Kansas City Star Editorial Board has long believed Herl’s approach to silencing dissent was at times arbitrary and unnecessary.
Before the court got involved, only Herl was allowed to lift building bans. Under terms of the agreement, the Independence school board has until Jan. 14 to implement these changes, according to court documents.
Score one for free speech.
What precipitated this building ban, you might ask? Vollmecke had the gall to openly criticize Herl and some of the school board’s policies in public meetings, according to court documents.
Not only was Vollmecke cited for trespassing and arrested for speaking out of turn at a school board meeting last year, but the former substitute teacher in the district was also banned from district property for a year. After Vollmecke appealed the trespassing conviction, the city of Independence dismissed the case.
Vollmecke wasn’t the only person Herl has unilaterally banned from district property for non-threatening behavior. But he should be the last stakeholder to feel Herl’s wrath without an opportunity to appeal these decisions.
Lisa Hoppenjans, director of the First Amendment Clinic at the Washington University School of Law in St. Louis, was one of Vollmecke’s attorneys in this lawsuit. She too said Phillips’ ruling sets a precedent for school districts throughout the state.
“We’re really happy the court found Jason’s rights were violated when the district issued this blanket ban,” Hoppenjans said. “This sets a precedent that other speakers can point to.”
In America, we all have the right to criticize public officials in a public meeting without the threat of arrest or punishment.
“That is the key to our democracy,” Vollmecke said.
When it comes to non-threatening and non-hatespeak, we all could agree.
This story was originally published November 22, 2024 at 11:54 AM.
