BOW, N.H. — A group of parents and a grandparent have filed a lawsuit against the Bow School District, claiming their First Amendment rights were violated after being removed from a high school soccer game for protesting the participation of a transgender athlete. The suit, filed Oct. 2, 2023, stems from an incident at a Sept. 17 girls’ soccer match between Bow High School and Plymouth Regional High School.
The plaintiffs, Kyle Fellers, Anthony and Nicole Foote, and Eldon Rash, were banned from school grounds for silently protesting by wearing pink wristbands marked with “XX,” symbolizing the female chromosome structure. They argued this was to support biological female athletes and to oppose a transgender girl’s participation on Plymouth’s team. The lawsuit names the Bow School District, Superintendent Marcy Kelley, Principal Matt Fisk, Athletic Director Mike Desilets, Bow Police Lieutenant Phil Lamy, and referee Steve Rossetti.
Protest and School Response
The parents claim that their protest was peaceful and not disruptive, yet school officials and a police officer approached them during the game, demanding the removal of the wristbands. The referee threatened to stop the match and declare Bow’s team the loser if the wristbands weren’t taken off. After they refused, Fellers and Anthony Foote were handed “No Trespass” orders, effectively banning them from school property. The bans extended beyond attending future games, even preventing them from picking up their children after school activities.
“We wore pink wristbands to silently support our daughters and their right to fair competition,” Fellers stated in a release. “Instead of fostering open dialogue, school officials responded with threats and bans that have a direct impact on our lives and our children’s lives.”
The plaintiffs argue that their actions constituted protected free speech under the First Amendment. However, the school district applied policies related to maintaining “mutual respect, civility, and orderly conduct,” which prohibit actions deemed to “injure, threaten, harass, or intimidate” or “interfere with any school activity.” The lawsuit seeks to prevent what it describes as unconstitutional enforcement of these rules against silent protests like theirs.
School District Policies and First Amendment Rights
The case spotlights the tension between First Amendment protections and school district policies intended to maintain a safe and respectful environment. The school district’s defense rests on policies designed to protect students, especially transgender students, from harassment and bullying. Despite the plaintiffs’ claims that they intended to act in a peaceful manner, the district maintains that the plaintiffs’ actions came across as intimidating to others.
Schools, as public institutions, often walk a fine line when balancing the right to free speech and the need to provide a safe and supportive learning environment. In this case, Bow School District administrators interpreted the wearing of “XX” wristbands during a match involving a transgender player as an action that crossed that line, deeming it harmful to the atmosphere they aim to cultivate.
One parent from the Bow team expressed disappointment in the protest, saying, “This is not the right way to go about doing things. It’s important to support the team, but singling out another child—especially a young transgender girl—creates division.”
In contrast, others at the game voiced concerns about what they saw as the school’s overreach. “You just silenced someone who had a different opinion,” one attendee remarked during the public comment period, illustrating the strong emotions on both sides of the issue.
Legal Grounds and Broader Context
The lawsuit brings into focus broader national debates about the participation of transgender athletes in sports. Similar lawsuits have emerged across the U.S. challenging policies that allow transgender girls to compete on female sports teams. The legal arguments typically hinge on fairness in competition, bodily privacy, and constitutional rights, particularly free speech and equal protection.
While the case centers on the school district’s response to the parents’ protest, it also reflects a growing concern among some parents and activists about fairness in female sports. Opponents of transgender girls competing in girls’ sports often argue that biological advantages linked to male puberty give transgender girls an unfair edge. Supporters of transgender inclusion, however, stress the importance of affirming transgender students’ identities and allowing them equal opportunities to participate in school activities, including sports.
Earlier this year, a federal judge temporarily blocked a New Hampshire law that sought to prohibit transgender girls from playing on teams consistent with their gender identity. That ruling emphasized the need to balance concerns about fairness in sports with transgender students’ right to participate equally in educational opportunities.
Transgender Student Rights and School Safety
For the transgender community and its allies, this lawsuit and the surrounding controversy highlight the continuing challenges transgender students face in schools, particularly in athletics. Transgender children are frequently the targets of bullying and exclusion, according to advocates, and policies such as those implemented by Bow School District aim to protect students from being excluded from the school community.
Transgender athletes and their supporters argue that participation in sports is about much more than competition—it’s about inclusion, teamwork, and the ability to fully engage in school life. Excluding transgender girls from female teams, they say, sends a harmful message to an already vulnerable population.
“We need to recognize that transgender kids just want to belong like everyone else,” said an advocate for transgender rights. “When adults protest their participation, especially in a public way, it puts a spotlight on those children and can cause significant emotional harm. Schools have a responsibility to create a safe space for all students, and sometimes that means protecting them from hostile behavior, even if that behavior is framed as free speech.”
The Impact of Adult Protest in School Settings
The lawsuit underscores the potential harm that adult protests, even silent ones, can have on children and school environments. While the First Amendment protects free speech, schools are also tasked with safeguarding the well-being of all students, including transgender students. Many educators and mental health professionals argue that the impact of protests like the one at Bow High School goes beyond the immediate disruption—it can send a message to transgender children that they are not welcome or valued.
In response to the lawsuit, some have questioned the appropriateness of protesting a child’s presence at a school sporting event. “It’s one thing to disagree with a policy,” one local parent noted, “but to target a specific child who’s just trying to play soccer with her peers feels wrong.”
Moving Forward
As the legal battle progresses, it remains to be seen how the court will balance the plaintiffs’ free speech claims with the school’s policies designed to protect students from harassment. The plaintiffs are seeking an injunction to prevent the district from applying its conduct policies to restrict what they see as non-disruptive forms of expression, such as wearing wristbands or displaying signs. They also request the lifting of their “No Trespass” orders.
For transgender students and their families, this case is yet another reminder of the challenges they face in gaining acceptance and equal treatment. Transgender youth, especially in school settings, often face higher rates of bullying, social isolation, and mental health challenges, issues that are exacerbated when public protests focus on their right to participate in activities like sports.
While the court’s ruling could have significant implications for how schools manage protests at events, it also raises deeper questions about how society can ensure transgender students are respected and included without infringing on others’ rights to express their views.
The Bottom Line
The New Hampshire case highlights the ongoing cultural clash between free speech and the need to protect vulnerable students from harm. As the lawsuit unfolds, it will serve as a key legal and social touchstone in the broader national conversation about transgender rights, inclusion, and the responsibilities of schools to provide a safe environment for all students. The decision could set a precedent for how similar disputes are handled in the future, especially in school contexts where the well-being of children, particularly transgender students, is at stake.
