From Judge Nancy Torresen's decision yesterday in McBreairty v. School Bd. of RSU22 (D. Me.), reviewing the ban (until Dec. 31, 2022) of Shawn McBreairty from "entering RSU 22 property for the purpose of attending any RSU 22 school-related meeting or function in person, or participating in any RSU 22 school-related meeting or function held electronically via video or audio":
Mr. McBreairty spoke at the School Board meeting on October 20, 2021. Mr. McBreairty discussed an RSU 22 teacher's reading list and the availability of certain books in RSU 22 school libraries, and he read a passage from one book—The Bluest Eye by Toni Morrison—that was on the shelves of the high school library. It appears from the video of this meeting that Mr. McBreairty ran over his allotted three minutes of speaking time but was permitted by the Chair to continue speaking and wrap up his comments.
Mr. McBreairty then spoke at the School Board's November 2021 meeting. In his public comment, he raised concerns about the academic readiness of RSU 22 students, and he recounted an earlier private meeting he had attended with the Chair and several RSU 22 administrators about various concerns he had about school practices. He also discussed the School Board's failure to respond to a follow-up email he had sent them and referred to phone calls he had had with the Chair and another School Board member about his concerns.
He ran over his speaking time, and the Chair asked him to finish up his statement. Mr. McBreairty concluded by requesting that the Chair (Defendant Miller) resign. On the video, as Mr. McBreairty continues to speak, several voices can be heard telling him that he is out of time and out of order, and Mr. McBreairty, after continuing to speak more loudly for several seconds, sits down.
At the School Board meeting on December 15, 2021, Mr. McBreairty again spoke during the public comment period. At this meeting, Mr. McBreairty again voiced his concerns about several school-related issues, including the books in the RSU 22 school libraries, and urged parents to unenroll their children from the district's schools. He told the School Board that he would be submitting a list of books that he believed would be appropriate for school-aged children, and he then began reading from one of the books.
