Ohio school board settles free speech case after ban on critical comments at board meeting – but new policy will bar any comments about employees

An Ohio school board has reached a settlement with a resident who sued after being prevented from speaking at a board meeting about a controversy over the district superintendent.

The resident, Diane Hughes, had alleged a violation of her free speech rights after a September meeting of the Lakota Board of Education in which the board banned comments regarding Superintendent Matt Miller.

Hughes initially sought a temporary restraining order against the board. She suspended the request when an agreement seemed to be attained with the board. However, at an October meeting, the board barred any public comments at all, regardless of subject matter.

The board justified the initial public comment ban at the September meeting by citing a policy provision that states, “To protect employee’s [sic] rights, the Board does not hear complaints about specific employees in public session.”

As part of the settlement the board agreed to allow comments about employees, and to have a time for public comments at the Nov. 7 board meeting, at which Hughes was allowed a three-minute window to speak. She also was awarded $637, as well as coverage of attorney fees.

However, the board’s new policy moving forward will prevent any comments from the public about district employees, whether they be positive or negative.

“[I]f you take the compliments (of school employees) then you have to take the complaints, so that’s why we are not doing either,” stated Lakota board member Julie Shaffer.

The board will re-evaluate the policy in six months. For the time being, public comments regarding employees will be prohibited at school board meetings.