Connetquot Pride flag dispute: Lawsuit brought by 3 teachers is dismissed
Connetquot High School in Bohemia. Credit: Morgan Campbell
A federal judge has dismissed a lawsuit brought by three Connetquot district teachers over the 2022 removal of Pride flags from district classrooms, a controversy that led to protests and contentious school board meetings.
In a decision issued Wednesday, U.S. District Judge Hector Gonzalez sided with the district, rejecting the teachers' claims of discrimination, a hostile work environment and violations of their constitutional rights.
Attorney Andrew Lieb of Smithtown represented the teachers, who all identify as LGBTQ+. He said in an emailed statement Friday, "We vehemently disagree with the decision and are taking all options under advisement, including requesting reconsideration, appealing or pursuing claims in state court as permitted by the decision."
Connetquot school board trustee Jaclyn Napolitano-Furno, who was a defendant in the suit, said Friday that she’s thankful for the judge’s decision and hopes the district can turn the page and move forward.
“We should be more focused on our students’ academics because Connetquot is an educational institution,” she said. “We should leave politics at the front door when we come in the building and really be apolitical in every aspect.”
Pride flags removed
The controversy began in September 2022, when Sarah Ecke, a math teacher at Connetquot High School, refused to take down two flags in her classroom — a rainbow flag and a Progress Pride flag, which is similar to the rainbow Pride flag but with more stripes of colors meant to represent the transgender community and people of color.
At the time, Ecke's classroom was the designated meeting space for the school's Gay-Straight Alliance club, Newsday has reported.
After Ecke refused to remove the flags, district officials issued a directive that only the United States and New York State flags could be hung in classrooms, citing a district policy that said school employees should not engage in political activities on school premises. All Pride flags were then taken down throughout the district, according to court documents.
Shortly after, a student replaced Pride stickers on the classroom doors of teachers Christopher Dolce and Shinaide McAleavey-Polley with those depicting the American flag, and in February 2023, anti-LGBTQ+ graffiti was found at the high school, Newsday has reported. Then in May 2023, the district required Ecke to modify permission slips for a student trip to an LGBT Youth conference, the only teacher told to do so, according to the complaint.
In his decision, Gonzalez wrote that the allegations did not amount to adverse employment actions.
“To the extent Plaintiffs argue that a heavier burden was placed on them by having to remove the pride flags and stickers, and on Ecke by having to modify the permission slip for the GSA Trip, such actions do not rise to the level of workload that is ‘disproportionately heavy’ to ‘constitute an adverse employment action,’ ” he wrote.
The judge also dismissed the plaintiffs’ claim that their First Amendment right to free speech was violated.
“It is not clear what standard applies to the facts in this case as neither the Supreme Court nor the Second Circuit has decided which test would apply to a secondary school teacher’s expressive speech in the classroom setting,” Gonzalez wrote.
The LGBT Network was originally a plaintiff in the case but was later dismissed as part of a stipulation. On Friday, its president, David Kilmnick, called the decision “a disgrace — and a dangerous, short-sighted blow to LGBTQ+ teachers, students and families everywhere.”
He added in an email, “It gives cover to a school district that erased symbols of love and inclusion, while ignoring the bullying, vandalism and hate that LGBTQ youth face every single day."
In a statement emailed by spokeswoman Jessica Novins, district officials said, “The judge’s decision confirmed that the district’s actions in 2022 related to a Progress Pride flag were consistent with applicable laws and regulations.”
Gov. Kathy Hochul in 2022 directed the state Division of Human Rights to investigate the matter. A spokesman for the agency said in an email Friday that the division cannot comment on open investigations.
Dandan Zou covers education for Newsday. Previously, she worked for a community newspaper in Maryland and a personal finance magazine in Washington, D.C.
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