Federal Case Against Loudoun County School Board Equity Programs Dismissed

A federal judge has granted the Loudoun school division’s motion to dismiss the class action suit against two of its equity programs.

In the suit, three families alleged that the Student Equity Ambassador program and the Bias Incident Reporting System violate their students’ rights to free speech, and discriminate on the basis of race and viewpoint.

Loudoun County Women’s GOP Club President Patti Menders, Parents Against Critical Theory founder Scott Mineo, and one other anonymous family sought a declaration from the court that the programs were discriminatory. They sought an injunction against the SEA program and the reporting system, but were denied that motion in November. Two other anonymous families dropped out of the case last week, citing privacy concerns spurned by the discovery process.

The suit, filed in United States District Court in Alexandria on June 2, argued that the programs discriminate against their white students and violate their First Amendment rights. They also charge that the reporting system “chills protected speech in violation of the First and Fourteenth Amendments,” according to the complaint.

While the SEA program is open to all students, early iterations of the program’s description describe it as a group for students of color.

It is not clear whether the plaintiff’s children wished to participate in the programs and were denied. The families agreed with the judge that the School Board is permitted to “sponsor a non-public forum to afford students of color an opportunity to discuss how race has affected their lives and educational experiences,” Judge Anthony J. Trenga wrote.

The families charged that the program description, calling for students with a “passion for social justice,” imposed a “liberal” or “progressive” viewpoint. The judge ruled that requirement alone does not violate First Amendment rights of students, and that the plaintiffs did not prove that the SEA program was enacted with a discriminatory intent against white students. 

The group also alleged that their children have viewpoints dissimilar to many students in Loudoun County, and would like to speak out against Critical Race Theory race, gender identity, and other controversial political issues. But “that speech has prompted vitriolic, threatening, and persecutorial responses from others in Loudoun County, including within the LCPS community,” the filings read.

The existence of the Bias Incident Reporting System, they allege, chills their students’ speech. Trenga ruled that the Bias Incident Reporting system does not chill free speech any more than existing anti-bullying or anti-discrimination policies do. 

9 thoughts on “Federal Case Against Loudoun County School Board Equity Programs Dismissed

  • 2022-01-20 at 3:26 pm

    Hooray! So glad there’s one less frivolous lawsuit for LCPS to defend against. I just hope the other silly lawsuits get tossed out, too. I’m tired of hearing Caucasians complain about how discriminated against they are. Please. Give me a break. I’d urge any of the harpies to drive through an inner-city neighborhood. Then, tell me how tough your life is. LCPS won’t be deterred by your shenanigans.

    • 2022-01-20 at 11:42 pm

      First, you couldn’t find the hood with a GPS.

      Second, your transparent lies undermine your case. Blacks in Loudoun are generally affluent like the rest of the other racial groups. What in the world are you bringing up inner city neighborhoods in Loudoun for?

      Third, one needs not to speculate. LCPS has a number of programs from which whites and Asians are excluded. The false narrative is that the color of your skin dictates whether you have struggles in your life. The reality is the opposite and that, especially in Loudoun, there are affluent families of all colors and poor families of all colors. Limiting programs based on race is …. racist and stereotypical.

      Last, not only will LCPS be deterred but they are about to feel the full force of the state Attorney General, VDOE and governor. The governor has appointed a littany of impressive women to oversee education in Virginia and especially the incompetence and overreach in Loudoun. The notion that you will be able to tell these state leaders, who are women and many are black, that they are “racist” is beyond laughable. The state leaders actually understand educational policy like you never have even fathomed. They actually care about students and whether they learn as opposed to looking at quotas. The radical Left in Loudoun is in a for a rude awakening.

  • 2022-01-20 at 4:59 pm

    Ok. Time to move on from this issue and focus on the removal of the School Board members that were on the Board prior to the 2 newest members.

    • 2022-01-21 at 10:41 am

      Yep. One member sadly died, and the other was chased from office by death threats.
      Are threats and intimidation the new democratic process as far as the GOP is concerned?

  • 2022-01-21 at 6:48 am

    Good. Now, the plaintiffs should be forced to pay the cost of LCPS’s legal fees for this vexatious and frivolous litigation. What revolting people.

  • 2022-01-21 at 12:52 pm

    Ms. Menders and other members of the fight for parents rights, including the members of Fight For Schools are showing a level of character and dedication that this county so desperately needs. Their strong backbones and their insistence on standing up for what they believe in reminds me of the civil rights heroes of our past, specifically Ms. Jacqueline Bouvier Kennedy Onassis.

  • 2022-01-22 at 12:49 am

    Equity is NOT equality. The American ideal is equality before the law. DEM racists will continue to push equity. Let’s defeat the racists and return to American ideals. Individual liberty, not division by group.

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