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Dec 12, 2025

NY AG Sued for Allegedly Threatening School Board Members-lllllllllllllll

New York Attorney General Letitia James is facing a new federal lawsuit accusing her office of violating the First Amendment by threatening to remove elected school board members who permit public discussion about transgender students in girls’ locker rooms and sports.

The lawsuit, filed by a coalition of school officials and parents represented by the Southeastern Legal Foundation, centers on a guidance letter James’ office sent to districts earlier this year. The letter warned that any board member who “demeans or stigmatizes” LGBTQ+ students—or allows similar comments during meetings—could face removal from office under the state’s Dignity for All Students Act (DASA).

The letter specifically cited complaints about comments opposing “transgender and gender-expansive students’ rights to use facilities, including restrooms and locker rooms, or participate on school athletic teams consistent with their gender identity.”

In one of the most controversial passages, James’ office stated that school boards are “limited public fora” under the First Amendment and therefore “may make reasonable, viewpoint-neutral rules governing the content of speech,” including banning public comment that might have “discriminatory, harassing, or bullying effects.”

But plaintiffs in the case argue the policy was not viewpoint-neutral and effectively silenced parents, students, and elected board members who disagreed with transgender inclusion policies in girls’ spaces.

Massapequa Union Free School District Board Chair Kerry Wachter, one of the lead plaintiffs, told Fox News Digital that she was personally informed by James’ office that she must cut off speakers at board meetings who voiced opposition to transgender students sharing facilities with girls.

“They’re saying if we allow this discussion in our board meetings, she can come in and remove us from the board,” Wachter said. “They want me to stop public comment and stop them from speaking.”

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