EDUCATION
Los Lunas Schools settles with parents over Facebook discussion page
District will pay $145,000 after a nearly decade-long legal battle
Los Lunas Schools has settled a lengthy legal battle with two parents who created a Facebook page to discuss district happenings.
The 鈥淟os Lunas School District Parents Discussion Page鈥 prompted several cease-and-desist letters from the district since its launch in 2011. Co-founders Rowena Tachias and Monique Dereta sued the Los Lunas Schools Board of Education and former Superintendent Dana Sanders in 2021, alleging the attempts to shut the group down were a violation of their First Amendment rights.
The court sided with Tachias and Dereta. The district appealed the ruling, and a judge again sided with the plaintiffs.
Sanders was granted a trademark for the name 鈥淟os Lunas Schools鈥 in 2019, and pursued legal action against Dereta and Tachias on the basis that they were unauthorized to use the name and were providing false information about the district on the Facebook page. The two sued the district after an unsuccessful attempt to resolve the trademark dispute.
鈥淩egardless of what is on the Facebook page, this lawsuit was fundamentally about free speech,鈥 said Jacques Chouinard, an attorney for the plaintiffs. 鈥淲hat the Los Lunas school board did was attempt to discriminate against them on the basis of the content of their speech, and that is flatly unconstitutional.鈥
Tachias and Dereta were represented by the American Civil Liberties Union of New Mexico, Chouinard and attorney Matthew Beck. Beck and Chouinard are employed at Peifer, Hanson, Mullins and Baker, an Albuquerque firm which handles, among other things, cases of First Amendment law for clients including the 近距离内射合集.
In a statement from Los Lunas Superintendent Susan Chavez, district officials said they never attempted to shut down the online forum. Los Lunas Schools officials said they took issue with the use of its name in the title of the Facebook page, claiming members of the public incorrectly believed the page was affiliated with the district.
鈥淟os Lunas Schools neither then nor now or any time in between tried to suppress, stifle or impede speech protected by the first amendment,鈥 the statement said.
A settlement of $145,000 will be paid to the plaintiffs by the New Mexico Public Schools Insurance Authority. Tachias and Dereta will each receive $3,750 and their attorneys will receive $137,000.
Dereta and Tachias both said the small settlement amount was the district鈥檚 attempt to 鈥渕ake an example鈥 of the two.
鈥淲e look at it more as a moral victory,鈥 Dereta said.
Tachias said the district avoided negotiations for years, stretching the legal battle out for nearly a decade.
鈥淯nfortunately, this could have been solved seven years ago with a simple across-the-table conversation,鈥 Tachias said.
Natalie Robbins covers education for the Journal. You can reach her at nrobbins@abqjournal.com.
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