OLDHAM COUNTY, Ky. (WDRB) -- A father is suing the Oldham County School Board for what he says was a violation of his Constitutional rights.
Micah Cain and his attorney, Matt Miller-Novak, filed the lawsuit in Oldham County against the Board of Education and its individual members on Sept. 20.
Cain said the school board violated his Constitutional rights of freedom of speech and due process when the board temporarily banned him from attending future meetings, after he shared his opposition against the district's mask mandate.
"He's been retaliated against for his viewpoints, number one, and denied of his right to attend public meetings without due process of law, number two," Cain's attorney, Miller-Novak said.
The complaint mentions three meetings where Cain participated and expressed "critical viewpoints."
The complaint said, "the Board was not receptive and ultimately hostile towards personal criticism of the Board's members and their decision to require students to wear masks."
According to the complaint, on July 26, 2021, Cain spoke during a period set aside for public comment, when he was critical about the matter.
Cain attended another board meeting on Aug. 23, 2021. The complaint alleged that, in between speakers at this meeting, "the Board's presiding officer made a negative statement about the audience."
In archived video from the meeting on Aug. 23, 2021 a young girl, who identified as a student battling brain cancer, approached the podium to speak in favor of masks. As she walked up, a a board member said, "I apologize but our audience is taking up time that is really your time."
Not seen on camera, a man in the crowd interrupts the board member and yells "boo!"
In the complaint, the man is identified as Cain, and said he was immediately ordered to be removed.
Micah Cain addresses the Oldham County Board of Education during a meeting on Sept. 27, 2021.
The complaint said in contrast to his response, "the Board permitted the audience to engage in applause that was sustained for an extended period of time when that applause showered its own supportive employee with praise."
On Sept. 27, 2021, Cain attended another board meeting and participated in public comment. Cain prepared a three-minute speech, but the board changed public comment to two minutes per person before beginning, according to the complaint.
Cain said to comply with the change in time, he read his speech quickly. As a board member told Cain his time was up, he continued to read. The audience reacted with a mix of cheers and protests.
In the archived video of this meeting, a board member asked for an officer to remove Cain.
In the complaint, Cain said the officer required him to leave.
Attached as evidence in the complaint, is a letter addressed to Cain in Oct. 2021, that said, "during the meeting, you refused to follow the expectations outlined for speakers and spectators. Your outbursts during the meeting were unacceptable and detracted from a safe environment for everyone."
The letter continued, "due to your actions at the last Board of Education meeting, you are prohibited from attending meetings of the Board until January 2022."
In bold, the letter continued, "violating these conditions may result in legal action for trespassing, harassment, and/or menacing."
"That letter was rather finite," said Miller-Novak. "It was matter-of-fact, it just says you're not coming to meetings, and then if you do, you may be arrested."
Cain is suing for damages, attorney fees, and an order declaring his rights were violated.
In a statement from Oldham County Schools, its spokesperson said, on behalf of the board, "we have seen the complaint and are reviewing it with counsel. As is our custom, we do not comment on pending litigation."
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