Judge Dismisses Free Speech and Slander Complaint Against Santa Barbara School Districts

Federal District Judge Gary Klausner tossed out a lawsuit filed by local “parental rights” advocate and self-described congressional candidate Thomas Cole that alleged his free speech rights had been violated by a multiplicity of county and statewide education district administrators who, he charged, also slandered and assaulted him and subjected him to intentional emotional distress. Klausner rejected Cole’s complaint “in its entirety” and “with prejudice,” explaining that Cole failed to demonstrate — or even to allege — that his free-speech rights had been deprived. 

The lawsuit stemmed from an incident on September 16, 2022, on the sidewalk in front of the Monte Vista Elementary School — part of the Hope School District — at which Cole and a confederate sought to protest the presence of a graphic novel, Gender Queer, detailing the coming-of-age challenges experienced by a trans youth that they mistakenly believed was stocked on the school’s library shelves. They handed out leaflets to parents passing by that depicted three of the sexually explicit frames they found in the book. Although the images had been modified to cover up the body parts deemed objectionable, it was clear the protagonist was receiving oral sex. 

The school principal and district superintendent — Hans Rheinschild and Anne Hubbard — confronted Cole, allegedly shouting, “You can’t do that! It’s School Pride Day.” District officials suggested that Cole mistook posters proclaiming “School Pride Day” for a celebration of LGBT+ pride, but they were emphatic he could not distribute his flyers on school property. 

Cole claimed he was afraid the confrontation might become physical but did not leave. When Rheinschild and Hubbard threatened to call the police — and then did so — Cole got in his car and drove away. No arrest was made. 

Judge Klausner highlighted this fact, ruling that merely calling the police does not constitute an abridgement of one’s free-speech rights. Cole, the judge concluded, “failed to allege that he suffered any concrete consequences, as he does not allege he was arrested, charged with a crime, or otherwise prevented from speaking further.” Given that Cole’s free-speech rights were not infringed, Klausner added, there was no legal basis to consider any of Cole’s other allegations.

Named in the lawsuit by Cole was not just the Hope District, but the Santa Barbara Unified District, the Santa Barbara County Education Office, the California Department of Education, and the California State Board of Education.

Some of the districts sued by Cole — who runs a company called Analytics 805 — may now go after him to recover legal expenses they incurred. But the matter of Gender Queer is far from resolved for the Santa Barbara School District. 

Unbeknownst to Cole at the time of the school pride event, there was a copy of the book in the Santa Barbara High School’s library. The book, written by Maia Kobabe, was received with much critical acclaim and enthusiasm by school librarians; it’s also emerged as one of the books most objected to by school parents. This controversy, in turn, has helped propel book sales throughout the country. 

Late last month, the Santa Barbara Unified School District received an official complaint by the mother of a district student requesting that the book be removed from the high school library. The request was submitted by Sharon Jegottka, who works as ministry coordinator for the Child Evangelism Fellowship. In her request, Jegottka objected the book was also in a classroom as well as the library and that the book was suitable only for readers 20 years old or older. Jegottka did not respond to a request to discuss her appeal by deadline. 

District Superintendent Hilda Maldonado has appointed a special committee to review Jegottka’s appeal, but has not yet scheduled a date for the appeal to be heard. The committee reportedly includes students, teachers, parents, administrators, and community members. 

“Each member will receive a copy of the book prior to the first meeting so that they are ready to discuss and identify if the book should be allowed in the [high school] library,” wrote district public information officer Ed Zuchelli. As far as he’s aware, he said, this is the first case of its kind in the district’s history.