Embattled School District’s ‘Rules’ Set it Up to Get Sued Some More

by
Steve MacDonald

Thanks to petty deposit (DBA: Superintendent Marcy Kelly), the Bow-Dunbarton School District is known worldwide. Kelley violated the constitutional rights of some parents, who have since sued her and others, and the district that employs her is scrambling to mitigate the damage. [I believe there is a court hearing today at 2:30].

As most of us know, the first step in any successful recovery program is admitting that there is a problem. The Bow School District is still pointed in the wrong direction.

Bow’s new troubles begin with this recently unearthed document, “Public Content on School Property,” which is a fine way to say, “Please sue me some more” (if enforced as written).

Get Some Pink Wristbands and Join the Army of Parents Supporting Girls’ Sports

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The School District has zero authority to enforce Item Eleven, absent acts that violate the law (making the conduct rule unnecessary), and listing state laws that define weapons that can be legally carried does not make those illegal.

Note that blackjacks, slung shots, or metallic knuckles are prohibited by law everywhere in the state except in circumstances including “to duly authorized military or civic organizations when parading, or to the members thereof when at, or going to or from, their customary places of assembly,” if assembly occurs on school property (Parades, for example).

Federal law already allows an adult (with a license to carry a firearm) to carry concealed on school grounds [legitimate but not yet tested in court, to the best of my knowledge]. Plain-clothed armed federal officials, officers of the court, off-duty law enforcement, and others (as far as I can tell) cannot legally be removed for simply possessing a concealed weapon.

As noted above, this means that to enforce item eleven, the district would have to violate rule number four, invalidating the authority assumed by the district in items eight and ten.

In addition to this ridiculous conduct thing, Bow has crafted a creative (it thinks) compromise on the question of the First Amendment. It has quarantined free speech and expression on public property and added a time limit.

The Bow School District is scrambling to fix its apparent free speech violation, according to the motion filed to support the TRO. Since the Sept. 17 game, the district created a new “free speech zone” at home games, restricting any protests or demonstrations to an area near the scoreboard that is 50 yards away from the field.

The new policy also limits the times people are allowed to use the “free speech zone” to 30 minutes before and after games, and the policy limits the number of people allowed to take part to no more than 50 people at a given time. 

This confinement should outrage everyone from BLM to Code Pink to every astroturf people’s action movement the deep-pocketed left can pop up on a moment’s notice. Even the commies, close cousins to many a school district administrator, should object.

Efforts by institutions of higher (what passes for) learning have repeatedly lost cases in court over these tactics. You’d think that credentialed and self-important narcissist academics would know this, but not in Bow [bau], which seems to believe the correct pronunciation of the town is [bou].

One more matter (for now).

As it pertains to the new restrictions on speech or expression (far away from where anyone might see), these are the idiots who will be deciding what constitutes approved expression, which got them sued in the first place. Taxpayers in [bou] might want to consider their collective fiscal exposure because your School Administrative leadership is trying to get you sued again.

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, blogger, and a member of the Board of directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor of GraniteGrok.com, a former board member of the Republican Liberty Caucus of New Hampshire, and a past contributor to the Franklin Center for Public Policy.

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