CONCORD, N.H.—A Seabrook teacher will be able to continue a federal lawsuit against school officials who she alleges punished her for refusing to stand in her classroom for the Pledge of Allegiance.
School officials asked a federal judge to throw out the lawsuit, saying Seabrook Middle School teacher Dianne Dunfey had not exhausted other avenues such as grievances under her contract or a claim with the state Public Employee Labor Relations Board.
Dunfey argued that since the 2004 incident, the principal and district singled her out for discipline and created a negative public controversy that caused her to fear for her and her family's safety.
The principal and district deny the allegations.
Dunfey alleges the school district violated her First Amendment rights of free speech. She said after refusing to stand for the pledge, she received warnings about her job performance, threats that she'd be fired, was switched to another grade level and was treated worse than other teachers.
U.S. District Judge Paul Barbadoro ruled that Dunfey didn't have to raise the First Amendment issue under her contact or to the Labor Relations Board.
He ruled that grievances deal with alleged violations of an employment contract, not constitutional rights. And he ruled there was no requirement that Dunfey go to the labor board before going to court.
"Dunfey's claim is not barred simply because she failed to present her First Amendment claim" to the board, he ruled.
Dunfey's lawyer, Jonathan Meyer, told the New Hampshire Union Leader the ruling brings the case one step closer to going to a jury.
"The important principle is that a public employee ... has the right to personally express their political views without fearing retaliation at work so long as that expression doesn't disrupt the workplace," he said.
The case is scheduled for trial in October, though school officials have asked for a delay until December.
