Two men from New Hampshire are prohibited from wearing protest wristbands or displaying signs at school soccer games while their lawsuit against the school district is ongoing. Kyle Fellers and Anthony Foote attracted attention during a girls’ soccer match on September 17 at Bow High School by wearing pink wristbands bearing the “XX” symbol, commonly known as representing female chromosomes. This occurred during a game featuring a transgender player, Parker Tirrell, from Plymouth Regional High.
School officials, accompanied by a local police officer, instructed Fellers and Foote to either remove the wristbands or leave the venue. The wristbands were deemed potentially intimidating or harassing, violating school policy against such acts towards any student. Although Fellers initially resisted, claiming the wristbands supported breast cancer awareness rather than protesting transgender athletes, both men eventually complied and removed them.
Following the game, Fellers displayed a sign in the parking lot advocating for the protection of women’s sports, which included an image of Riley Gaines, a known opponent of transgender participation in female sports. Concerns arose that Fellers positioned himself for the Plymouth team, particularly Tirrell, to see his display as their bus departed. After negotiation, a police officer convinced Fellers to leave.
Subsequently, both Fellers and Foote received “no trespass” orders barring them from school premises, though these orders have since expired. However, restrictions remain on wearing wristbands or carrying signs. Alongside Eldon Rash and Nicole Foote, they filed a lawsuit against the school district, asserting a violation of their First Amendment rights.
U.S. District Court Judge Steven McAuliffe denied a preliminary injunction sought by the men. He concluded that the right to free speech, especially in a limited public forum like a school athletic event, can be subject to reasonable restrictions. The judge stated that the school district’s actions were appropriate, focusing on the potential harm caused by the protest rather than the viewpoint itself.
Brian Cullen, representing the school district, welcomed the ruling, emphasizing that it does not prevent protests in other settings, only those at children’s sports events. Meanwhile, Del Kolde, representing the plaintiffs, disagreed, arguing the decision constituted viewpoint discrimination. Both parties are set to proceed without additional evidence before the judge’s final ruling.
In related legal matters, a New Hampshire law banning transgender girls and women from female school sports remains unenforced due to an ongoing lawsuit involving Parker Tirrell and others. They challenge both the state law and an anti-trans sports order issued by Donald Trump, with legal representation from GLAD Law and the ACLU of New Hampshire.
The Societal Shift
The ongoing legal proceedings highlight a broader societal debate about the inclusion of transgender athletes in sports. This conversation affects schools, communities, and athletes on multiple levels. Locally, it brings the school district and community members into discussions about policies, the rights of students, and the importance of maintaining a supportive environment for all students.
For parents, students, and school staff, the ruling underscores the need to navigate sensitive issues with respect and understanding, balancing free speech rights with the duty to protect students from potential harm. This case serves as a reminder of the complexities surrounding gender identity in sports and the legal frameworks governing these issues. As communities engage in these debates, they contribute to shaping future policies and fostering inclusivity in school environments.