Will the Court uphold an arbitrator’s imposed fine for engaging in protected 1st Amendment free speech activity?

No. Richard Santer, a teacher employed by the East Meadow Union Free School District engaged, with other teachers, in a peaceful protest while negotiations for a new contract were underway. The protest involved picketing in front of a middle school which included parking their cars in front of the school and display their picket signs in their cars. This area was also used by the middle school’s students’ parents to drop off their children for school.

None of the teachers blocked either of two curb cuts in front of the school but according to the principal the protesting teachers’ parking caused traffic to become congested creating a safety concern for students being dropped off in the middle of the street.

No school official asked the teachers to move their cars during the protest, and no child was injured.

The school district brought disciplinary charges against several teachers under 3020-a and after an arbitration Santer was fined $500. His appeal was denied in Supreme Court.

On appeal to the Appellate Division Santer prevailed. The Appellate Division found that Santer’s free speech rights were violated and by bringing him up on disciplinary charges the school district, in effect, chilled free speech rights of all teachers concerning a matter of public concern.

N.B. In a case brought to the same Appellate Division, but a different panel, concerning the same incident but with a different teacher the Court held that the arbitrator was reasonable in upholding the discipline. In that case, Matter of Trupiano v Board of Educ. of E. Meadow Union Free School Dist., 89 AD3d 1030, 933 N.Y.S.2d 106) the teacher received a counseling memo. The Santer Court reasoned that Trupiano was not controlling since Trupiano did not raise a First Amendment claim in her petition.

Another teacher who was fined $1000 for the same incident was denied her appeal at the Supreme Court level. The Court there found that she engaged in an activity that endangered student safety. She did not appeal further. Barbara Lucia, Petitioner, against Board of Education of the East Meadow Union Free School District, Respondent. 32 Misc. 3d 1208A; 932 N.Y.S.2d 761; 2011 N.Y. Misc. LEXIS 3178; 2011 NY Slip Op 51210U (Nassau Sup.Ct., 2011)

In the Matter of Richard Santer, appellant, v Board of Education of East Meadow Union Free School District, respondent. (Index No. 1997/10), 2010-11006, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, 2012 N.Y. App. Div. LEXIS 8698; 2012 NY Slip Op 8750, December 19, 2012, Decided.

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One thought on “Will the Court uphold an arbitrator’s imposed fine for engaging in protected 1st Amendment free speech activity?

  1. Pingback: Are teachers who park their cars in legal spots near their school as part of informational picketing and thereby cause students to be dropped off in the street engaged in protected 1st Amendment activity? | EdLawFaqs

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