T/E Asks Federal Judge To Dismiss First Amendment Lawsuit

PHILADELPHIA — Lawyers representing Tredyffrin/Easttown School District asked a federal judge to dismiss a First Amendment lawsuit accusing the district of violating a parent’s rights by preventing him from recording his voice reading records related to critical race theory.

Benjamin M. Auslander claimed in the April 15 federal lawsuit that the district violated his First Amendment rights when it prevented 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.

The suit also names Arthur McDonnell, the business manager, as a defendant.

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

Elias said the court does not have jurisdiction over “right to know” issues.

Elias asked Senior Judge Harvey Bartle III to dismiss the lawsuit because it does not cover a federal issue.

Bartle scheduled a non-jury trial for May 18.

The judge ordered the district to submit to the court a copy of the district’s contract with Pacific Educational Group, San Francisco, Calif., the organization that provided information to the district.

At issue is whether Auslander is legally entitled to tape record information about school documents he was reviewing in a school district office.

Auslander asked the judge to enter an injunction prohibiting the district and McDonnell from preventing Auslander from reviewing the materials.

Pre-trial memorandum

According to Zimolong’s pretrial memorandum filed Monday:

• Since 2018, the district maintains a contract with a third-party vendor, Pacific Education Group, for preparation of the district critical race theory program.
• On Jan. 19, Auslander requested to review materials presented by Pacific Education Group.
• On Jan. 26, McDonnell said Auslander could review the records in a school office.
• On Feb.7, Auslander was given 166 pages to review. He started making recordings reading the materials. After he did not stop, Auslander was told to leave.

Zimolong argued that recording is a legitimate means of gathering information.

“He was not taking photographs of the documents,” Zimolong wrote.

Zimolong said the public deserves to know what their taxes are paying for and that parents have the right to know what their children are being taught.

The attorney said the district conceded it does not claim a copyright to the materials.