National Roundup

Massachusetts
Ex- school superintendent alleges anti-gay discrimination
HULL, Mass. (AP) — The former superintendent of Hull public schools alleges in a lawsuit that he was discriminated against because he is gay and his firing has made it impossible for him to land a new job in education.

Michael Devine alleges breach of contract, defamation, a civil rights violation, intentional infliction of emotional distress and other wrongs in the $5 million federal lawsuit against the school system, the town and five school committee members.

Stephen Kuzma, Devine’s attorney, told The Patriot Ledger for story Monday that the firing stemmed from Devine’s text message exchanges with a 21-year-old former student who lived in Florida. The former student intitiated the communication.

There was never evidence that the communication between the two was inappropriate and Devine did not violate school policy regarding staff and student communication as the school committee said when it fired him, according to the suit.
Police determined there was nothing criminal to investigate.

The $5 million demand for damages is mostly for Devine’s lost wages and his diminished earning capacity.

Town Manager Phil Lemnios said in an email he would leave any commentary to the school committee and the superintendent.

School Committee Chair Jennifer Fleming said in an email that she would not comment.

Iowa
State to pay $5K to 5 protesters banned from Capitol grounds
DES MOINES, Iowa (AP) — An Iowa panel voted Monday to settle a lawsuit and pay five protesters who supported the Black Lives Matter movement and alleged constitutional rights violations when they were banned from the state Capitol  grounds.

The State Appeal Board approved a recommendation by state lawyers to pay Jalesha Johnson, Louise Bequeaith, Haley Jo Dikkers, Brad Penna and Brandi Ramus $5,000 each and their attorney $45,000.

The five were arrested July 1, 2020, when a scuffle broke out with police officers at the Capitol. After the arrests, the Iowa State Patrol, which provides security at the Capitol, told the five protesters that legislative leaders ordered them banned from the grounds.

The patrol told them that if they returned to the state property around the building, they would be charged with trespassing. Some were banned for six months and others for a year.

The American Civil Liberties Union of Iowa filed a lawsuit, saying the ban blocks the individuals’ fundamental constitutional rights of free speech, assembly, right to petition their government, their fundamental freedom of movement and due process.

U.S. District Court Judge Rebecca Goodgame Ebinger issued an order in December that prevented enforcement of the ban, concluding it likely violated the protesters’ rights.

The settlement resolves the lawsuit, which named Iowa Department of Public Safety Commissioner Stephan Bayens and Iowa State Patrol Lt. Steven Lawrence, Sgt. Tyson Underwood and trooper Durk Pearston.

In addition to the payment, the state agrees to withdraw all verbal and written bans to the protesters. The settlement specifies that the individuals “may continue to enter and use the Iowa Capitol Complex on the same basis and under the same terms as any other law-abiding member of the public.”

The Iowa Department of Public Safety also agreed to continue training its officers assigned to the Capitol on areas relating to the First Amendment.

The judge’s preliminary injunction remains in place until the court considers whether to approve the settlement agreement.

Of the five people arrested, four had charges of interference with official acts or disorderly conduct dismissed. Penna pleaded guilty to simple misdemeanor interference with official acts and was ordered to pay a $250 fine.

ACLU of Iowa declined to comment until after the agreement is approved by the court.

“The attorney general’s office believes this is a fair settlement for the state,” Assistant State Attorney General Anne Updegraff told board members.

The State Appeal Board, which has responsibility under Iowa law to consider legal claims against the state, includes Iowa Department of Management Director Michael Bousselot, Treasurer Michael Fitzgerald and Auditor Rob Sand.

All voted to approve the settlement agreement.

New York
Fox employee files lawsuit over harassment, discrimination
NEW YORK (AP) — An associate producer on Monday filed a lawsuit against Fox News Network, saying he was discriminated against because of his gender and subjected to unwelcome attention from an on-air personality.

John Fawcett, who works on the “Kudlow” show hosted by Larry Kudlow on Fox Business Network, claims in his lawsuit filed in state Supreme Court in Manhattan that “sexual harassment, sex discrimination, and racial discrimination are still tolerated at Fox.”

He said executives “will bend over backwards to protect such behavior so long as it is perpetrated by senior management or prominent on-air personalities.”

In a statement, Fox News Media said it had investigated and addressed Fawcett’s claim against the personality, and that his additional claims were “baseless and nothing more than a desperate attempt at a payday.”

Fawcett, 27, who was hired in March 2019, said he was in an elevator with Fox personality Andrew Napolitano later that year when Napolitano stroked his arm and made suggestive comments. He said he told his then-boss, Lou Dobbs, who told a company executive but the executive was dismissive.

Fox said the network investigated and “took immediate, appropriate action.” The company said it and Napolitano had since ended their relationship, but did not clarify when asked if that was connected to the allegations or the lawsuit.

Fawcett also said that while working at Kudlow’s show, which he started working after Dobbs’ show was canceled, he has heard Kudlow use slurs and make sexually inappropriate remarks with no recrimination.

He also said the executive producer, a woman, discriminated against male staff in an effort to replace them with female staff, and that she tried to force Fawcett’s resignation or firing.

Fox denied the allegations and said it would “defend the matter vigorously in court.”