Federal Judge Rules Bow School District Violated First Amendment Rights Over Pink Wristbands
Two fathers who spent more than two years fighting a school ban for wearing pink wristbands to a high school soccer match have secured a settlement, ending a legal battle over parental speech and athletic policies in New Hampshire. U.S. District Judge Steven McAuliffe issued a dismissal order on November 5, confirming that Kyle Fellers and Anthony Foote possess a clear First Amendment right to silently display the wristbands, which featured the letters “XX” to represent female chromosomes, as reported by the Associated Press and carried by outlets including WRAL.
The conflict began during a 2024 soccer game when the Bow school district barred the two men from school grounds. The opposing team included a transgender girl who had been born biologically male, prompting the fathers to wear the protest symbols. School officials defended the ban by arguing they had an obligation to shield students from adult harassment on campus grounds. Officials pointed to comments made by Foote, who referred to himself as a prepared leader, alongside overheard remarks from another parent discussing potential heckling of the transgender athlete.
Testimony during court hearings revealed that both Fellers and Foote maintained they harbored no intentions of targeting or harassing the player. Although the district initially secured a court block preventing the men from wearing the wristbands while the litigation moved forward, a federal appeals court subsequently overturned that decision. The appeals panel concluded that school authorities cannot favor one side of an ongoing public debate regarding parental speech on prominent public matters.
District Risk Pool Disburses Legal Fees and Payouts
Under the terms of the final agreement, the district’s risk pool will disburse $225,000 directly to the Institute for Free Speech, the organization that provided legal counsel for the plaintiffs. An additional $50,000 will be paid to the men’s attorney. Symbolizing the year the states ratified the First Amendment, Fellers and Foote will each receive a payout of $17.91.
“It took more than two years, but the court has recognized that what happened to us was wrong,” Fellers stated, noting that standing up for his beliefs resulted in missing half of his daughter’s soccer games during her senior year.
Endel Kolde, an attorney representing the Institute for Free Speech, emphasized the core legal principle established by the outcome. “Parents don’t surrender their First Amendment rights when they walk into a high school soccer game,” Kolde said.
An attorney representing the Bow school district did not respond to email messages seeking comment on the dismissal order.
