Parent Sues District Over Poms Contract She Says Violates Free Speech Rights

A Colorado mother has filed a lawsuit against the Douglas County School District, as well as a poms team coach and athletic director, claiming a contract participants are forced to sign violates freedom of speech.

According to the lawsuit, filed by civil rights attorney Igor Raykin on behalf of Krystin Martin, parents with students on the poms team at ThunderRidge High School in Highlands Ranch were directed to sign the contract at the start of the 2024 season. As reported by Denver ABC affiliate KMGH, the contract outlined expectations regarding support of the athletes, communication and financials.

The lawsuit states the contract violates parents' freedom of speech by making it difficult for them to communicate their concerns about how the athletes are treated. According to the lawsuit, the parents had to "agree to several conditions including limits on social media use and restrictions and expectations regarding communicating with the team."

As reported by KMGH's Jessica Crawford, the lawsuit goes on to say:

"The contract signed by Plaintiff limits Plaintiff’s ability to speak and communicate on topics regarding the Poms Team, including topics of public concern. The contract signed by Plaintiff prohibits Plaintiff from raising concerns with other parents of Poms Team athletes. The contract’s prohibition on speaking to parents contains no exception for topics of public concern. It extends to all times Plaintiff is 'frustrated' with something."

If parents refused to sign the contract, their child wouldn't be able to participate on the team, Raykin said.

According to KMGH, the lawsuit states that Martin's daughter "has been diagnosed with anxiety, a speech delay, and is on an Individualized Education Program (IEP) for ADHD." It also said the child's coach minimized the disabilities, saying the child uses them as a "crutch."

Raykin said Martin had brought up previous concerns regarding the coach's treatment of students with disabilities in the past. He believes the 2024-25 season was the first year that parents had to sign such a contract.

According to the lawsuit, Martin "has refrained from raising concerns that she wishes to raise about the management of the Poms program, a program within a public school district." The lawsuit goes on to say Martin's "concerns include the Poms program’s treatment of students with disabilities."

Martin signed the contract, noting on the document that she signed it under duress.

Because of the contract, Martin didn't contact other parents about her concerns, because she was worried her daughter would be dismissed from the team.

Raykin gave KMGH a copy of the contract that Martin and other parents signed. In one section, it states, "All threats or attempts to have a coach fired from the program will cause immediate dismissal for the family (this includes any future siblings interested in the TRHS Poms program)."

Another section states, "All threats of attorneys/lawyers will cause immediate dismissal for the family (this includes any future siblings interested in the TRHS Poms program.)"

Upon request for comment, the Douglas County School District provided KMGH the following statement:

"DCSD values all of our students and student athletes. We take every concern reported to us very seriously and we are dedicated to ensuring that all of our students experience a welcoming and caring environment in our schools."

The lawsuit asks the court to award "compensatory damages, including for emotional upset, stress and anxiety," and to prevent the district from using the contract again. As reported by KMGH's Crawford, Raykin said he hopes to come to an agreement with the district outside of court.