Washoe County School District recently issued the following announcement.
On February 21, 2022, the Second Judicial District Court dismissed Dr. Fred Simon’s open meeting lawsuit against the Washoe County School District (District). The Dismissal came after the District’s Office of the General Counsel filed several motions to dismiss the case, including an Anti-SLAPP motion arguing that the Complaint violated Nevada law because it was brought primarily to chill the District Board of Trustees’ valid exercise of freedom of speech and performance of their elected duties.
Dr. Simon’s initial lawsuit was filed on November 16, 2021, against the District and District Board of Trustees (Board) President Angela Taylor in her official capacity, with President Taylor ultimately being removed as a named defendant. The lawsuit alleged that the District violated Nevada’s Open Meeting law at a September Board work session meeting by allegedly cutting off Dr. Simon’s public comment after he engaged in personal attacks against District staff, then calling a brief recess after the public members started shouting and clapping making it difficult to hear. After the recess, Dr. Simon was permitted to finish his public comment. Prior to this lawsuit, Dr. Simon made public statements in his campaign for Governor that he intended to intimidate the Board and encouraged people to file numerous lawsuits against the District in the hopes such tactics would coerce the Board into changing its COVID-19 protocols.
In response to the lawsuit, the District Office of General Counsel filed two motions to dismiss the lawsuit: 1) a motion to dismiss for failure to allege any laws or facts to support an Open Meeting Law violation; and 2) an Anti-SLAPP motion outlining in detail how Dr. Simon’s lawsuit violated Nevada law because it was specifically brought to inhibit and confound the Board, its representative, President Taylor, and the District from carrying out its lawful duty of conducting the people’s business in an open meeting and to intimidate the Board from acting on issues he disagrees with. The District also argued for monetary sanctions as permitted by Nevada law for successful Anti-SLAPP motions. After these motions were filed, Dr. Simon’s original attorney substituted out of representation, and his new attorney filed a brief opposition to the District’s Anti-SLAPP Motion. Less than two days after the District submitted its Reply in support of its Anti-SLAPP Motion, Dr. Simon filed a voluntary dismissal of his lawsuit, which was followed by an Order from the District Court dismissing the lawsuit in its entirety.
“We are very pleased with the dismissal of this lawsuit,” said Chief General Counsel Neil Rombardo. “The Board of Trustees under the leadership of President Taylor works tirelessly for the benefit of District families, employees and stakeholders. Our successful defense in this case helps the Board continue its work without the threat of inappropriate lawsuits designed to intimidate and deter the Board away from their utmost priority: the education of our District students.”
Original source can be found here.
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