Why Walker County Schools is being sued

Damon Raines

Walker County Schools made it so difficult for a middle school teacher to speak at a school board meeting that his constitutional rights were violated, a federal lawsuit alleges.

The Georgia Association of Educators, the statewide teachers union, filed the lawsuit on behalf of Jim Barrett, a social studies teacher at the new Saddle Ridge Middle School.

Barrett was told by Superintendent Damon Raines that he couldn't speak to the school board at its Feb. 17 meeting, even after Barrett complied with school district policy that requires people to meet in person twice with the superintendent and then make a written comment request one week before the meeting, said Gerry Weber, an Atlanta-based attorney who represents Barrett.

"He jumped through all the hoops, he jumped through all the hurdles," Weber said. "He still was not allowed to speak."

Barrett, a football and soccer referee who in July was appointed by Gov. Nathan Deal to the Professional Standards Commission, was a "vocal critic" of recent changes the board made to the school district's grading system, the lawsuit said. Raines "vehemently disagreed" with Barrett, the lawsuit says, and "often became agitated and upset with Mr. Barrett for his attempts to raise this issue with the board and in public."

In a statement, Barrett said, "The First Amendment guarantees me the right to speak at these public meetings. As an educator charged with upholding the ethics and standards of this profession, I was left with no choice but to pursue this matter in court."

Neither Raines nor school board Chairman Mike Carruth responded to calls and emails seeking comment.

The lawsuit alleges the school district violated Barrett's rights under the First and 14th Amendments, and seeks damages and attorneys' fees. The suit also seeks to have the board's comment policy struck down as unconstitutional.

"It is one of the most restrictive [comment policies] I have ever seen," Weber said. "Basically, you have to apply a month in advance."

Contact staff writer Tim Omarzu at tomarzu@timesfreepress.com or www.facebook.com/tim.omarzu or twitter.com/TimOmarzu or 423-757-6651.