On Monday, a federal judge declined to mandate that the Lake Oswego School District hire John Parks, the former track coach for the Lake Oswego girls.
According to U.S. District Judge Michael H. Simon, Parks is likely to be successful in proving that the district violated his protected free speech by opening an investigation into him, which was prompted in part by an email Parks sent to the Oregon School Activities Association on May 15 protesting the participation of transgender athletes in girls’ track meets.
The court did add, however, that if the school district can demonstrate at trial that it would have made the same choice not to rehire Parks for another coaching season had it not been for the email he sent to OSAA on May 15, it might also defeat Parks’ First Amendment retaliation claim.
In July, Parks, now 62, filed a lawsuit against the school board and district, claiming they had violated his First Amendment right to free speech by firing him from his coaching position and starting a retaliatory inquiry after he voiced his opinions.
As his legal battle continues, Parks’ attorney, Buck Dougherty, requested the judge on Friday to order the district to reinstate him as the head track coach and special education teaching assistant at Lake Oswego High School.
Parks demanded in his email to the OSAA on May 15 that transgender athletes be given their own open division. Days later, he became the coach of the Lake Oswego girls’ track and field team in the state championships.
Karen O. Kasey, the attorney for the school district, retorted that Parks was never let go. His head coaching and teaching assistant temporary contracts expired without being renewed, and the district was under no obligation to do so.
The judge denied Parks’ request for a preliminary injunction in a 25-page judgment, stating that it was an extraordinary remedy that would be granted if Parks was expected to suffer irreversible harm as his case developed.
According to the judge, the possible harm of directing Parks to return to his coaching position now exceeds the harm he would have suffered from being turned down for a coaching position with the district because Parks is no longer coaching at Lake Oswego and his right to free expression as a private citizen is unrestricted at this time.
The district claimed that another coach had overheard Parks at the state finals blurt out, and she defeated the (expletive) dude, just days after Parks wrote the May 15 message via his personal email. when a transgender girl from McDaniel High School lost to one of his Lake Oswego athletes for the top spot in the 400-meter event final.
According to Parks’ attorney, the coach who heard the comment was never named. Parks disputes that he ever said that.
The principal of Lake Oswego High School determined on June 12 that Parks had not extended his coaching contract past the spring track and field season, in violation of the school district’s non-discrimination policy against harassment and intimidation. He could apply for a job for the 2024–2025 school year, the district stated. Although the district claims to have never received his application, he insists he did.
The judge concluded that school administrators had voiced their disapproval of Parks’ email to the OSAA, and he will probably demonstrate that this was at least a significant or driving factor in the district’s subsequent investigation of him and choice to not rehire or extend his contract.
However, the judge stated that the school district might potentially successfully contest Parks’ First Amendment retaliation claim if it could demonstrate at trial that, had Parks not written the email to OSAA on May 15, it would have come to the same conclusion about not bringing him back for another coaching season.
The school system would then have to deal with the potential that its students and student-athletes competing against the LOHS would feel uncomfortable, unwanted, discriminated against, or harassed if the court ordered the district to get him back to work right once, Simon wrote. Despite the seriousness of these injuries, the Court concludes that Parks does not have a significant advantage in the balance of equity.
— Maxine Bernstein writes about criminal justice and federal courts. You may contact her at [email protected], 503-221-8212, or follow her on LinkedIn or X@maxoregonian.
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