Earlier this month, the Woodland Park Education Association (a local affiliate of the Colorado Education Association…more commonly referred to as ‘the union’ though there are some subtle differences) filed a lawsuit in district court against the Woodland Park school district, alleging violations of teachers’ first amendment rights to free speech and free association, mostly related to district policy KDDA (what some refer to as the ‘gag order’). If you’re not already familiar with this lawsuit, catch up quick by reading the CPR article.
From the KRDO article:
The lawsuit is asking the U.S. District Court of Colorado for several resolutions, including removing the policy that “punishes school-based employees if they speak publicly as private citizens about matters of public concern regarding the school district, declare that no employee who makes statements about their employment as private citizens on matters of public concern can be disciplined, terminated or retaliated against and declare that attempting to compel members to join PACE is unconstitutional and an unlawful use of taxpayer money.”
link
You can read the entire court filing here if interested.
On August 16th, lawyers filed for a preliminary injunction against the district, asking for:
Specifically, WPEA seeks a preliminary injunction as follows:
- Enjoin enforcement of current School District policy KDDA.
- Revise School District Policy KDDA to the policy language in effect prior to
February 2023.- Prohibit the School District from forcing employees of the School District to become
members of PACE.
One interesting detail in that request for preliminary injunction is on the last page…the attorneys this is being served to include of course Brad Miller, but notably, there’s a new attorney listed working on this case for this district. It’s Matt Werner of Alpern Myers Stuart. His website lists his practice areas as:
Defense of Persons Accused of Serious Felonies, Sex Assaults, Domestic Violence and DUI; Juvenile Defense; School Expulsion and Discipline Defense; Complex Civil Litigation and Personal Injury; Administrative Hearings.
Including him in a first amendment lawsuit does not appear to align with his advertised specialties and is a curious move. With the earlier addition of Scott Gessler to handle the appeal on the CORA lawsuit, this makes at least three law firms now working for the Woodland Park school district and board of directors.