A Bow parent previously banned from school property for wearing a pink armband in protest of transgender girls playing on girls’ sports teams can now attend his daughter’s soccer games, following a federal judge’s ruling on Tuesday.
During the Sept. 17 Bow High School girls’ soccer game against Plymouth Regional, parents Anthony Foote and Kyle Fellers wore pink armbands marked with “XX” — a reference to the chromosomes typically associated with biological females — to protest the participation of transgender athletes.
Shortly after, the Bow School District issued no-trespass orders against both parents. While Foote’s ban was lifted after four days, Fellers’ prohibition extended through the fall sports season.
Fellers, along with Foote, another parent, and a grandfather, filed a lawsuit against the district, claiming it had violated their free speech rights.
Initially, Judge Steven McAuliffe denied Fellers’ request for a temporary restraining order, citing concerns about his intent to continue protesting during future games.
However, after questioning whether Fellers would comply with an order permitting him to attend his daughter’s games without engaging in protests, the judge revised his decision, allowing Fellers to return to the sidelines under specific conditions.
Fellers was ordered to refrain from protesting or speaking with coaches or referees during games.
“I’m encouraged to see that the judge seems to recognize that school administrators are the ones to make these decisions on the ground and he’s going to take the time to look at it and analyze it thoroughly,” said Brian Collins, the attorney representing the Bow School District.
To reach a final decision on the case, Judge McAuliffe stated that he required additional details regarding the context, intent, effect, and purpose from both sides.
The lawsuit, backed by the Institute for Free Speech, argues that the parents’ free speech rights were violated, with attorney Del Kolde suggesting that if the armbands had been rainbow-colored in support of LGBTQ+ rights, the district would not have intervened. He said the district was not neutral in its viewpoint.
“My clients engaged in a passive quiet protest,” said Kolde.
However, Collins countered that the timing of the protest, which took place while Parker Tirrell, a transgender player from Plymouth, was on the field, made it clear that the protest was directed at a specific individual, not the broader issue.
“I think for every case that comes down to the viewpoint of protected class that is often attacked, we wouldn’t allow that,” said Collins. “You have to let schools decide how this affects students.”
According to the lawsuit, the armbands were not solely a protest against transgender girls participating in girls’ sports teams; they also aimed to protect women’s sports.
After Fellers was escorted off the soccer field during the game, he held a sign from the parking lot directed at transgender students. The school’s attorneys claimed that even when asked to leave, Fellers refused, though his attorney disputed this assertion.
Fellers held a sign that read, “Protect women’s sports for female athletes.”
Judge McAuliffe asked that the school district present body cam footage before the next hearing to provide evidence that could help him in making a ruling.
“If he disobeyed the police officer, it would justify a no-trespass order,” said Judge McAuliffe said.
The lawsuit also asks that parents be permitted to protest silently on the field and wear pink armbands, arguing that this constitutes free speech rather than hate speech.
Attorney Kolde argued that the school district’s treatment of Fellers was retaliatory and unwarranted, as Fellers did not remove his armband and became frustrated during his interaction with school officials, using a term linked to a former authoritarian political group.
Kolde said what the school district did was “First Amendment Retaliation.”
“They got mad because my clients didn’t comply,” said Kolde. “This is punitive and that is shown by the tone of Mary Kelley” he added, referring to communications between the superintendent and his clients.
