Kyle Fellers and Anthony Foote were banned from school grounds in Bow after wearing the wristbands to a soccer game in September that included a transgender girl on the opposing team. They later sued the school district, and while the no-trespass orders have since expired, they asked the judge to allow them to carry signs and wear the wristbands featuring the symbol for female chromosomes at school events while the case proceeds.
Both men testified at a hearing in November that they didn’t intend to harass or otherwise target transgender athlete Parker Tirrell, and their attorneys argued they did nothing more than silently express their support for reserving girls’ sports for those assigned female at birth.
But in denying their motion Monday, U.S. District Court Judge Steven McAuliffe said the parents’ “narrow, plausibly inoffensive” intentions weren’t as important as the wider context, and that adults attending a high school athletic event do not enjoy a First Amendment protected right to convey messages that demean, harass or harm students.
It sounds like they sent emails to the district and made some noise in online spaces that made their intentions clear. If it was just wearing wristbands as silent protest, we’d never have known, but they told the district via email, the general public online that they were going to do someone bigoted, and then they did a minor version of it.
Imagining the perspective of an administrator, they really should do something about that to protect their students. And it seems like they went with a temporary ban, which seems proportionate.