Massapequa Bathroom Policy Gets Further Feedback At BOE Meeting

MASSAPEQUA, NY. — A crowd turned out Thursday to voice their feelings on the Massapequa School Board's facilities policy.

The BOE meeting was the first since Oct. 21, when the board announced it had filed a lawsuit against the State Board of Education over its facilities policy.

That policy had previously been stayed by the state, after the New York Civil Liberties Union challenged it on behalf of a student in the Massapequa school district.

While the board itself gave no updates on the lawsuit Thursday night, the public comment session of the meeting was dominated by discussion of the facilities policy.

Representatives from the NYCLU were also present at the meeting, the organization announced in a Friday Facebook post, holding signs that read, “Resist transphobia” and “Pass GENDA.”

“GENDA” is the abbreviated name for the Gender Expression Non-Discrimination Act, a 2019 New York State law that expanded the state’s hate crime and human rights laws to include gender expression and gender identity as protected categories, banning discrimination on the basis thereof.

When public comment time came, Ames Campus freshman Lucy Bernstein kicked off the remarks. Bernstein called certain things that she had heard at the Oct. 21 board of education meeting, “outright disgusting and completely unacceptable.”

“Grown adults were shouting at some of my peers who built up the courage to speak in front of their fellow Massapequa residents and classmates. These students risked future opportunities, college scholarships and acceptances by speaking for what they believe is right, only to be ridiculed by adults in their community,” Bernstein said. “I believe that all of us need to learn from this and do better. With that being said, I believe that biological males should not be sharing locker rooms and bathrooms with biological females, and vice versa…The Massapequa school district has provided gender-neutral locker rooms and bathrooms in their secondary schools; they’re open throughout the school day to ensure privacy for transgender students who feel uncomfortable changing with students of their biological sex. This is a reasonable accommodation that provides a solution to make all students feel more comfortable. The majority must be put before the minority.”

Following Bernstein in the speaking order was a Massapequa resident who identified himself as David Ebert, who claimed that the district’s policy represented a violation of federal law, citing a 2020 Supreme Court ruling.

“The board has said publicly that their locker room policy was made to comply with the law, but that’s not true. Title IX has been interpreted to protect trans people from discrimination since the Supreme Court’s 2020 Bostoc v. Clayton County decision,” Ebert said. “Justice Neil Gorsuch…ruled that you cannot separate sex and gender when it comes to discrimination. Whether or not you or I agree with that ruling, your policy violates it.”

The board said in its initial resolution establishing the now-litigated-over facilities policy that it sought to comply with President Donald Trump’s executive order 14168, which states that the United States will only recognize two sexes, male and female, as defined at conception and superseding an individual’s gender identity and expression.

While Ebert expressed doubt of the legal basis for the district’s facilities lawsuit, he closed his public remarks by expressing skepticism of the board’s litigious practices over the past five years. In that timespan, the board has filed suit over the name of its athletic teams, the 2020 suspension of Fall sports, and a masking mandate in New York schools.

In March, a federal judge dismissed a jointly-filed lawsuit from Massapequa and Wantagh school districts challenging New York State’s ban on indigenous mascots. In 2020, the district sued Section VIII, which oversees high school sports in Nassau County, in hopes of having a Fall sports season during the COVID-19 pandemic. The district had its suit dismissed by a judge in October of that year. Massapequa also sought to have Gov. Kathy Hochul’s mask mandate struck down in court in 2021, initially winning a court ruling in Nassau County before having a stay issued by an appellate judge.

“The board will argue that they are protecting our federal funding, but we risk much more by breaking state law. The federal government gives us less than one percent of our budget, the state gives us 20 [percent]. Is it a reasonable argument to say it’s worth risking $48 million from the state to protect $2 million from the federal government?” Ebert asked. “The board sued Section VIII to keep sports open during COVID, they lost. The board sued the state to end the mask mandate, they spent $70,000 and they lost. The board sued the state over regionalization, last month they lost. The board sued over the mascot, they lost…how does this benefit our students?”

Another Massapequa resident, who identified herself as Mary, said that she believed the board was teaching students the wrong message by filing suit over its facilities policy.

“At the last board meeting, two young students, while very brave, spoke about how they were in the 99 percent and did not need to be accepting of the 1 percent. I believe this is the wrong message that we are teaching children. Adults have an essential responsibility to teach children tolerance and understanding towards LGBTQIA+ people, not only because it helps create a kinder, more inclusive society, but because it shapes how our children treat others throughout their lives,” Mary said. “When adults model respect, empathy and openness, children learn that differences in identity or orientation are simply part of the human experience. Ultimately, teaching acceptance isn’t just about supporting one group. It’s about building a world where every child learns that all people deserve to feel safe, seen and respected. I wish that you, as our board, would embrace this responsibility. I believe you have not, and I’m disappointed in that. While I do appreciate your time and commitment as board members, I also know that you should represent the interests of this entire community. You do not represent the whole community; you definitely do not represent me, and you do not represent my family.”

When reached for comment, the school board said the public comment was valuable, and would be considered as the district moved forward.

“The Board of Education values input from Massapequa residents and provides a public comment period to ensure community members can share their perspectives on matters affecting our schools,” The board said in a statement delivered by email. “While the board does not engage in dialogue or respond to comments during this portion of the meeting, all input is carefully considered as we make decisions in the best interest of our students and district.”

The next Board of Education meeting is scheduled for Dec. 4 at 8 p.m.