Massapequa Board of Education Announces Lawsuit Over Bathroom Policy

MASSAPEQUA, NY. — The Massapequa Board of Education is pursuing legal action in efforts to enforce the bathroom and locker room policy that the board passed last month, according to an announcement by Board of Education President Kerry Watcher at Tuesday night’s board meeting.

The legal action comes over a month after the School Board passed a resolution mandating that students in Massapequa schools use facilities, including restrooms and locker rooms, corresponding to their biological sex. The resolution passed by a unanimous vote, resolving that students requesting alternative arrangements would be provided access to a designated gender-neutral facility, but barred students from using facilities designated for the opposite sex.

The New York Civil Liberties Union announced a challenge to the policy on behalf of a student earlier this month, alleging that, "Massapequa’s policy is in direct conflict with New York’s Education Law, Human Rights Law, and Civil Rights Law, as well as binding regulations and specific statewide NYSED guidance on this issue." The State Education Commissioner ruled last week that the district could not enforce the policy, according to a News 12 report.

“This evening our district filed a federal action for declaratory judgment and injunctive relief arising out of the State’s recent actions regarding our bathroom and locker room policies,” Watcher said at the meeting. “We know the law is on our side. And, I want to be clear, we’re not discriminating. Rather, we seek to address the needs of all students and ensure that every child in our school feels safe, reported and respected. We have taken this legal action because we believe it’s the right thing to do for all students. We will not be intimidated, we’ll stay focused on doing what’s right for our kids and our community.”

The suit was announced ahead of a public comment session at the Board of Education meeting, the first since the State Education Commissioner’s office issued a stay order on the bathroom policy.

"We filed this lawsuit because the state's stay order forces our district to violate Title IX, a critical federal law protecting students. This year alone, the U.S. Department of Education has pursued enforcement actions against multiple school districts for following similar 'intimate space' policies that the state is now mandating," the Board of Education said in a Wednesday statement. "We're seeking a court ruling to confirm that our resolution complies with all laws, shielding our students and taxpayers from further legal risks while protecting the dignity and well-being of all students."