Judge tosses Massapequa school board president Kerry Wachter's lawsuit alleging censorship

A federal judge has tossed out a lawsuit brought by the Massapequa school board president and two Rockville Centre parents who had argued the state was forcing them to censor themselves and others who spoke about transgender student issues at board meetings.

U.S. District Judge Anne M. Nardacci, in a ruling issued last week, wrote the plaintiffs had failed to prove they were negatively impacted by guidance released in May 2025 on "harassment and bullying at school board meetings."

The guidance, issued by state Attorney General Letitia James and state Education Commissioner Betty A. Rosa, specifically addressed remarks made about transgender students and LGBTQ+ students in general. The plaintiffs had alleged the guidance threatened board members with removal if they expressed support for "sex-separated interscholastic sports and school facilities" or used pronouns that "correspond to biological sex" at board meetings, or allowed others to do so.

But Nardacci said in her ruling, "The guidance letter lacks the force of the law, as it merely serves as a re-statement of existing anti-discrimination law and reminds board members of the various consequences that may follow for failure to comply with applicable New York State law."

Massapequa board president Kerry Wachter brought the suit with Rockville Centre school district parents Sarah Rouse and Issac Kuo. Danielle Ciampino, a parent and school board member in upstate Schenectady County, was also a plaintiff.

The Georgia-based Southeastern Legal Foundation, which represented the plaintiffs, said in a statement it was "currently reviewing the court's decision."

It added, "We stand by our clients and will continue to fight for the rights of parents and school board members to speak their minds without fear of being removed from office."

The attorney general’s office declined to comment. A spokesperson for the Education Department did not return a request for comment Monday.

New York officials have said state law gives transgender students the right to use restrooms and locker rooms that align with their gender identity. Opponents say that violates Title IX, a federal law prohibiting sex-based discrimination in federally funded education programs.

The guidance issued last year said "some board members have made, and encouraged, comments during board meetings that demean and stigmatize LGBTQ+ students."

It continued, "These comments have included attacks on school support for LGBTQ+ student groups and on transgender and gender-expansive students’ rights to use facilities, including restrooms and locker rooms, or participate on school athletic teams consistent with their gender identity — rights that remain firmly embedded in state law."

In April, Rosa struck down policies enacted by the Massapequa and Locust Valley school boards that required students to use either the bathrooms and locker rooms that corresponded with their biological sex or gender-neutral facilities.

Wachter, who could not be reached for comment Monday, has previously said a group of female students spoke at a Massapequa school board meeting and expressed discomfort about changing in front of transgender students.

The guidance letter, she previously told Newsday, is “an attack on the First Amendment.”