Critical Race Theory Lawsuit In T/E District Set For Trial In February

PHILADELPHIA — A federal judge set Oct. 10 as the last day for factual investigations, also known as discovery, in a lawsuit filed by a parent claiming Tredyffrin/Easttown School District violated his First Amendment rights.

Benjamin M. Auslander claimed in the April 15 federal lawsuit that the district violated his First Amendment rights when preventing him from recording himself reading information provided by the district about critical race theory, according to the suit filed by his attorney, Walter S. Zimolong, Villanova.

Senior Judge Harvey Bartle III set Oct. 31 as the deadline for lawyers to file requests to dismiss the case.

The judge plans to hold a final settlement conference in January. If the case does not settle, the case will be placed on a trial list in February.

At issue is whether Auslander is legally entitled to tape record information about school documents he was reviewing in a school district office.
The lawsuit filed in U.S. District Court here also named Arthur McDonnell, the business manager, as a defendant.

Brian R. Elias, a Blue Bell lawyer presenting the district, asked the judge to dismiss the case, arguing that the lawsuit does not pertain to an issue allowed in federal court.

In the spring of 2018, the district partnered with PEG to enhance the district’s policies and practices around racial equity, according to the district’s website.

PEG provided a two-day seminar designed to foster thoughtful exploration of how race influences the culture and climate of school, according to the website.

Approximately 150 faculty, administrators, support staff and school board members participated.

In the fall of 2020, the school board approved equity principles presented in the training.

In June, about a dozen parents expressed fear at a school board meeting that their children were being exposed to critical race theory, an academic concept that racism is embedded in our country.

Dr. Richard Gusick, superintendent, repeatedly assured the parents said that the teachers are not teaching critical race theory in the classroom.