A Melrose Ave. man, who is president of the Boardman Soccer Association, says a complaint filed in a federal court over comments he made at a Boardman Local School Board meeting has been resolved.
      According to a copy of the complaint, obtained by The Boardman News, Kevin Haase, 41, of 228 Melrose Ave. said the complaint was initiated “because a school board [the Boardman Local School Board] and its superintendent [former Supt. Tim Saxton] unlawfully restrained [his] speech to retaliate against him for insults of government officials.”
      In the complaint, filed on Aug. 1, Haase said that Boardman Local School officials “have already forbidden [his] attendance at multiple school events to retaliate against his viewpoints without due process.”
      As part of the settlement, Haase has received a $14,000 settlement from the Boardman Local School District. He was seen attending a Boardman High School soccer game last week, indicating he can now be on school property.
      In making the settlement, the school board agreed that it shall not...enforce restrictions imposed upon Haase in a letter he received from the Boardman Local School superintendent on July 2.
      The settlement agreement also noted “the school board shall not be restricted from enforcing policies, or from taking appropriate, future action against Mr. Haase in relation to his access to school board employees or property in the event of future misconduct.”
      In making the complaint, Haase claimed his rights under the first and 14th amendments were violated.
      The complaint noted the following:
       •Haase is not violent, and he has never physically threatened any school personnel, nor has he ever endangered any child on school grounds.
       •Haase has engaged in certain critical speech about the district’s personnel concerning the education of his child.
       •At the June 27, 2024, Board meeting, Haase utilized public participation to address the Board about some of his concerns.
       •He did not engage in any fighting words, and he did not express himself in any manner that was obscene.
       •The Board limits its speakers to three minutes.
       •When Haase was addressing the Board, he was critical, but he was engaged in protected speech about his grievances with his government officials.
       •The Board president informed Haase that his three minutes were up.
       •Haase requested a little more time, so he could finish his statements, but the Board refused.
       •Because Haase continued speaking, the Board had the police escort Haase out of the premises.
       •After he was already being removed, Haase stated that one of the Board’s staff was “incompetent.”
       •Haase did not threaten anyone with physical harm, he did not assault anyone, and he ultimately left without any physical resistance.
       •Almost immediately after the meeting, the Board and Saxton sent Haase a letter they described as a “ban.”
       •According to Saxton, he has restrained Haase’s speech because he engaged in “personal insults” of the Board’s staff, and Saxton has ordered Haase to “cease and desist” engaging in insults of Board staff.
       •The letter further prohibits Haase from freely coming onto school property like other parents, and this prohibition is not limited in its scope, so it seemingly operates to restrain Haase from attending Board meetings.
       •Haase has already had his attendance at multiple public events restrained because of this “cease and desist” letter, and he faces the threat of the Board contacting the Boardman Police Department if he does not follow the restraints detailed in the letter.
       •Thus, the Board has retaliated against Haase for “personal insults” of Board staff, and the Board has restrained his future speech.
       •The Board and Saxton have restrained Haase’s access to information and Haase’s future speech at Board meetings based upon one event where he spoke over his allotted time.
       •Haase did not endanger anyone, and he poses no risk to any Board staff or students.
       •The Board’s restraints are grossly an excessive interference with speech based upon one past occurrence.
       •The Board did not provide any opportunity for Haase to appeal or challenge his restraints to attend school events, such as Board meetings, football games, his children’s events, and other public occurrences that other parents may attend.
      The complaint on behalf of Haase was filed by Atty. Matthew Miller-Novak, of Cincinnati, Oh.; and Atty. James Melfi, of the local law firm of Betras, Kopp and Marcoda.
      Counsels for Haase contended that “the First Amendment of the United States Constitution protects citizens’ rights to speak critically of government officials, engage in insults, and government bodies may not retaliate against critical speech, viewpoints, or insults,” while noting “Public officials may not arbitrarily empower themselves with the unbridled discretion to determine which viewpoints and speech they find permissible,” adding “Haase has a right to due process under the Fourteenth Amendment of the United States Constitution. This due process requires both notice, as well as a right to respond to the deprivation of certain liberty and property rights created by statute.”
      Haase’s counsel also claimed “the public, including Haase, has an absolute statutory right to attend public Board meetings. This is right is not discretionary, and it is mandatory. The Board has no power to condition the public’s access to Board meetings with permission slips or other restraints.”
      Meeting on Mon., Aug, 26, the Boardman Local School Board voted unanimously to authorize Boardman President John Fryda, Supt Chris Neifer and Treasurer A.J. Ginnetti ‘to take any and all actions necessary to facilitate” resolution of the complaint.