Former School Board Candidate Files Lawsuit Against District for Alleged Free Speech Violation
Former school board candidate, Jason Vollmecke, has filed a lawsuit against the Independence school district, claiming that his free speech rights were violated when he was banned from attending public meetings after criticizing the district’s policies. In the lawsuit, Vollmecke accuses district leadership, including superintendent Dale Herl, of restricting free speech, retaliation, and disregarding due process. He argues that the decision to ban him from school grounds constitutes unlawful viewpoint discrimination. Vollmecke is seeking an immediate end to the ban.
Vollmecke has been a vocal critic of the district’s decisions since late 2021, expressing concerns about their handling of the coronavirus pandemic, the removal of books from the elementary school library, and the consideration of a four-day school week. He has been attending monthly school board meetings to voice his concerns. Despite his involvement with the district as a volunteer, lecturer, and contributor to various committees, Vollmecke claims that his viewpoints were not given proper consideration.
The lawsuit also highlights Vollmecke’s accusations against the district’s approach to issues of racism and LGBTQ+ support. He believes that the district has failed to address these matters adequately and should focus on developing character, empathy, accountability, and community investment among students. Vollmecke campaigned during the 2022 election on enforcing the board’s oversight of the superintendent, improving transparency and communication, creating a less hostile work environment, and retaining educators.
The incident that led to Vollmecke’s ban occurred in January 2022. He arrived four minutes late to a board meeting and missed the public comments section. When he requested to provide his comments at the end of the meeting, he was denied. However, Vollmecke proceeded to read his comments aloud, resulting in his removal from the premises by a school resource officer. The following day, he received a letter from Superintendent Herl, banning him from school property until January 10, 2024, citing his failure to conduct himself in a positive manner.
According to the district’s policy, the superintendent can exercise the authority to ban individuals from school property at any time and for any duration. Vollmecke claims that he was not given an opportunity to appeal the decision. As a result of the ban, he is unable to attend school board meetings, volunteer, visit the school playground with his son, participate in sports events, or run for school board again next year.
Vollmecke’s claims have been dismissed by the district, stating that they have no merit and that they intend to vigorously defend against the allegations. The district’s statement added that Vollmecke’s removal from the meeting was due to his refusal to leave once the meeting had concluded. They assert that their decision to restrict him from school property aligns with their commitment to maintaining a positive environment.
The lawsuit filed by Jason Vollmecke raises important questions about the limits of free speech and the right to express dissenting opinions within educational institutions. The court’s decision will likely have a significant impact on how school districts handle criticism and engage with community members in the future.
