The cases could have wide implications for Maine schools at a time when even small towns are seeing divisive and nationalized battles over LGBTQ and gender identity issues. McBreairty, who has already won a settlement from RSU 22, is challenging a Maine law that requires a public comment time during school board meetings but allows boards to establish “reasonable standards” for the public comment period.

Many school committees in Maine prevent people at board meetings from criticizing staff, teachers and students by name. Both RSU 22 and Hermon require that those complaints be made privately to the appropriate supervisor. McBreairty has criticized teachers by name in both districts at their respective school board meetings. His Hermon case concerns the aftermath of these policies.

Attempts have been made to gavel him to silence, but he has refused to stop talking or playing a pre-recorded statement, according to court documents. Hampden police escorted him from meetings earlier this year. In Hermon, board members have paused meetings and left the meeting room when he named staff members.

It is the second time McBreairty has sued RSU 22 in federal court. Last fall, the district settled a lawsuit for $40,000 over the school board banning him from public meetings. A federal judge found that banning an individual from meetings because of the content of the speech was unconstitutional.