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St. Louis education advocate sues school board over alleged First Amendment violations

ST. LOUIS RECORD

Thursday, January 9, 2025

St. Louis education advocate sues school board over alleged First Amendment violations

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ST. LOUIS — An advocate for educational equity in the St. Louis Public Schools (SLPS) system, has filed a lawsuit against the St. Louis Board of Education, alleging violations of his First and Fourteenth Amendment rights.

The legal battle centers around what Chester Asher describes as retaliation for his outspoken critiques of SLPS leadership and policies, culminating in a six-month ban from all district property and events.

Asher, founder of the community-driven Coalition with STL Kids, has been a persistent presence at SLPS Board meetings, where he regularly critiques the district’s leadership, according to a complaint filed Jan. 6 in U.S. District Court for the Eastern District of Missouri. 

Asher's advocacy focuses on improving educational outcomes for students, particularly those impacted by systemic inequities. 

However, Asher's passionate rhetoric has sometimes been labeled “disrespectful” by board members, leading to escalating tensions, the complaint states.

The conflict began at a Sept. 12, 2023, board meeting, where Asher criticized the district’s handling of student learning outcomes. 

Asher claims following this meeting, he received a warning letter from the Board, signed by Board President Dorothy Cousins, admonishing him for his use of profanity and cautioning against further “disrespectful” behavior.

Tensions escalated further in October 2023, when Asher distributed flyers encouraging community participation at a Board meeting. 

The flyers, which highlighted alarming statistics about student literacy rates and called for action, were criticized by SLPS legal counsel for misrepresenting the event as an “emergency meeting.” 

Asher complied with demands to revise the flyers, but at the October meeting, he and other critical voices were excluded from the public comment period, which deviated from the Board's usual practice of calling speakers in the order of signup.

The Board’s selective enforcement of its policies silenced dissenting voices while allowing complimentary speakers to name and praise district leaders, violating stated rules against using names during public comments, the complaint states.

Asher claims the situation reached a breaking point in March 2024, when he attended an SLPS-hosted event on charter schools. 

During a panel discussion, Asher attempted to offer comments from the audience, leading to a brief verbal exchange with a panelist. 

Security personnel escorted Asher out of the event, and days later, the Board issued a six-month no-trespass order barring him from all district properties and events.

The letter accused Asher of “disruptive and disrespectful behavior” and included allegations of racial insults and physical resistance, which Asher denies. 

The order effectively silenced his public advocacy by preventing him from attending Board meetings or engaging in public comment, according to the suit.

Asher argues that the Board's actions violated his constitutional rights, including his right to free speech and due process. 

He also challenges the Board’s public comment policies, which prohibit “personal attacks” and other subjective criteria, as unconstitutionally vague and selectively enforced.

The suit seeks injunctive relief to prevent the enforcement of the no-trespass order and the Board’s restrictive public comment rules, as well as damages for the alleged constitutional violations.

SLPS policies emphasize the importance of public participation, with bylaws encouraging citizens to express concerns and participate in decision-making processes., the complaint states, however, Asher’s experience suggests a disconnect between policy and practice, particularly for critics of the district’s leadership.

Asher is seeking judgment for damages. He is represented by Lida S. Hoppenjans, Benjamin J. Wilson, Tylah Gantt, Avrye King and Cassidy Mandelbaum of the First Amendment Clinic at Washington University in St. Louis School of Law.

Attorneys did not respond to requests for comment before publication.

U.S. District Court for the Eastern District of Missouri case number: 4:25-cv-00013

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