Gillingham Charter School in Pottsville filed a federal lawsuit this week against the Pottsville Area School District following an incident at the Schuylkill County Regional College Fair on October 3, 2024.
The lawsuit alleges that the school district discriminated against twenty students and two staff members of Gillingham Charter School by attempting to exclude them from the college fair, held at Pottsville’s Martz Hall.
Gillingham contends that their students have a legal right to attend as part of their status as a public charter school, yet they were told their original invitation was sent by mistake and subsequently revoked. When Gillingham’s students and staff still attended, they were reportedly asked to leave and, when they resisted, police were called.
The lawsuit against the Pottsville Area School District includes nine counts, centered on allegations of civil rights violations that occurred at the Schuylkill County Regional College Fair. The suit claims that the district infringed upon First Amendment rights by allegedly suppressing students’ and teachers’ freedom of speech and expression. This includes prohibiting their attendance and preventing recordings at the event, as well as infringing on their right to peaceful assembly in what they argue is a public forum.
Further, the lawsuit accuses the district of violating the Fourth Amendment by engaging in “unreasonable searches and seizures,” as well as other allegations of unequal treatment. Gillingham contends that district staff used excessive force, which they categorize as “assault and batteries” upon 11 students and one adult. They also claim the district attempted to seize property and discriminated against them by limiting their attendance due to their controversial status as a charter school, which Gillingham believes violated their right to equal protection and due process. Additionally, the complaint alleges a conspiracy by the district to infringe upon the students’ civil rights by not providing them the same access as other public school students in Schuylkill County
The lawsuit shows that the school is seeking a jury trial and financial compensation.
The Pottsville Area School District’s solicitor, John Freund III, responded sharply to the federal lawsuit filed by Gillingham Charter School, labeling the complaint as “rife with false and inaccurate statements.” They argue that the lawsuit “has no legal merit” and that the standing of several plaintiffs involved is “questionable.” According to the district’s solicitor, the complaint also seems to revisit “old grievances” regarding charter compliance issues rather than focusing solely on the college fair incident itself. The district emphasized that the college fair was not a public event but was instead “by invitation only to school districts of Schuylkill IU29”.
Following the incident at the Schuylkill County Regional College Fair, Pottsville Area School District Superintendent Sarah Yoder issued a statement emphasizing the event’s long-standing structure. According to Yoder, Pottsville Area High School has hosted the college fair annually since 1993, limiting attendance to invited districts from the Schuylkill IU29 and scheduling time blocks for each. Yoder stated, “This is one of many events our schools host throughout the year…that are not open to the general public,” stating that Gillingham Charter School had previously acknowledged these guidelines both “verbally and in writing.”
In response to the disruption, Yoder described Gillingham’s actions as “orchestrated and premeditated,” including staff and students recording interactions despite reminders about school district policies prohibiting this. According to Yoder, Gillingham attendees allegedly blocked access to other school districts, did not comply with multiple de-escalation requests from officials and police, and ignored invitations to discuss the matter outside Martz Hall. She further clarified, “At no time did physical contact occur between any parties,” and that police were only called due to perceived “trespassing, disorderly contact, and erratic behavior.”
Yoder said that after complying with school district requests, Gillingham staff and students were allowed a brief period to access the fair, but Yoder expressed regret over the impact of the incident, stating, “Our guests, including educational representatives and students from IU 29 school districts, were significantly interrupted”
In response to the disruption, Yoder described Gillingham’s actions as “orchestrated and premeditated,” including staff and students recording interactions despite reminders about school district policies prohibiting this. According to Yoder, Gillingham attendees allegedly blocked access to other school districts, did not comply with multiple de-escalation requests from officials and police, and ignored invitations to discuss the matter outside Martz Hall. She further clarified, “At no time did physical contact occur between any parties,” and that police were only called due to perceived “trespassing, disorderly contact, and erratic behavior.”
Yoder said that after complying with school district requests, Gillingham staff and students were allowed a brief period to access the fair, but Yoder expressed regret over the impact of the incident, stating, “Our guests, including educational representatives and students from IU 29 school districts, were significantly interrupted”