Two Clark County School Board trustees sue their own board and district, claiming governance policies restrict free speech

What happened

Two members of the Clark County School Board have taken their own board to court. Trustees Lorena Biassotti and Lydia Dominguez filed a lawsuit in District Court against the Clark County School District, the School Board and board President Emily Stevens, the Las Vegas Review-Journal reported.

The complaint argues that some of the board's governance policies unconstitutionally restrict free speech. It grows out of a T-shirt Biassotti wore to an Aug. 13 board meeting and the reprimand she received from the board on Aug. 27. More coverage of the district is available in our schools section.

The shirt and the reprimand

According to the Review-Journal, Biassotti's shirt carried the logo of the clothing brand XX-XY Athletics. The company's website says it aims to "protect women's sports and spaces" and opposes allowing males to compete in girls' and women's sports.

Biassotti posed in the shirt with Dominguez for a photo she later posted on her personal X account. The caption read, "Truth is not hate. Protect women's sports from gender confusion." The Review-Journal noted that both trustees are former members of the conservative group Moms for Liberty. The lawsuit says Biassotti wore the shirt because it reflects her sincerely held religious belief.

The August meetings

At a board meeting two weeks after the shirt appeared, Stevens issued Biassotti a formal reminder to follow the board's rules. During that five-hour Aug. 27 meeting, Stevens said Biassotti's social media post broke board policies meant to protect the rights of students with diverse gender expressions, the Review-Journal reported. Trustees also discussed adopting a dress code at that meeting but decided it was unnecessary.

Late in the meeting, Biassotti and Dominguez left the dais and spoke during public comment, where they threatened the lawsuit. Dominguez owns the same shirt but does not wear it out of fear of reprisal, according to the complaint.

Removal from a national coalition

The lawsuit also alleges that on Aug. 19, Stevens removed Biassotti as the district's representative on the Council of the Great City Schools. The Review-Journal described the council as a national coalition focused on improving education in inner cities.

The policies at issue

The suit targets two governance policies, known as GP-2 and GP-3. They were approved on April 23 along with 20 other governance policies. Biassotti and Dominguez voted against the full package after they could not win support to approve everything except GP-3.

GP-2: Trustee conduct

GP-2 lays out rules for board member conduct, ethics and operations. The complaint alleges it creates an unfair disciplinary process for trustees.

GP-3: Communicating with the public

GP-3 covers how trustees communicate with the public. The lawsuit claims it bars trustees from criticizing the district, its staff, other trustees and board decisions. The complaint calls the arrangement "a one-way speech valve," arguing that "The Board may condemn a Trustee publicly, repeatedly, and through District communication channels."

What the trustees are asking for

The lawsuit demands a jury trial and asks the court to award Biassotti and Dominguez nominal damages, along with fees and costs, the Review-Journal reported. After the Aug. 27 meeting, Biassotti said she intended to crowdfund to cover the district's legal fees so the case would not become a financial burden on the district.

What to watch next

• How the school district, the board and President Emily Stevens respond to the complaint in District Court.
• Whether the court grants the trustees' demand for a jury trial.
• Whether Biassotti follows through on her stated plan to crowdfund the district's legal fees.