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SCRANTON - Several Pennsylvania charter school students can continue to push their lawsuit after a cold reception at a college fair in 2024, as a federal judge has let six claims move forward.
Scranton federal judge Karoline Mehalchick on June 16 tossed three claims but allowed the others in response to the Pottsville Area School District's motion to dismiss. The incident in question happened at the Oct. 3 Schuylkill County Regional College Fair at Martz Hall.
Plaintiffs from Gillingham Charter School said they were initially invited to attend by Pottsville Area SD but were first refused entry.
Mehalchick found the plaintiffs adequately alleged their First Amendment speech and assembly rights were violated, and that they were retaliated against, among other claims moving forward.
"The complaint... alleges that the defendants banned 'only Plaintiffs from attending and recording the College Fair' on the basis of their controversial viewpoints regarding Gillingham," Mehalchick wrote.
"Thus, Defendants' argument that they acted pursuant to a viewpoint neutral policy is contradicted by the complaint. Allegations that a government entity 'unevenly enforced its policies' support an allegation of viewpoint discrimination."
The fair took place at the Pottsville Middle School gym, where the plaintiffs say they were first refused entry and unable to learn about higher education opportunities. Superintendent Sarah Yoder and guidance counselor Kayla Peters are named as defendants.
"(I)ncredibly, Defendant Yoder and Defendant Peters directed the other public school student attendees and college/university representatives to leave and vacate the Martz Hall gymnasium floor and wait in the upper-lobby bleachers that overlooked the College Fair, while Plaintiffs walked around and viewed the unattended booths/tables alone and by themselves," the suit says.
"Defendant Yoder also immediately called the police, threatened to have Plaintiffs arrested, threatened to seize Plaintiffs' cell phones for attempting to film their encounter... and unlawfully detained Plaintiffs."
The suit says it is part of a pattern of bullying of Gillingham through the years. Yoder is alleged to have grabbed one student by the arm in attempt to grab his phone and attempted to physically remove him from the gym, creating a claim for unlawful seizure.
Tossed were claims for cruel and unusual punishment and civil conspiracy, as was a due process claim that can be amended.
