Michigan Mom Presses Forward in Lawsuit Against Chippewa Valley School Board

Sandra HerndenPhoto byMackinac Center for Public Policy

In a legal battle that raises concerns about parental rights and free speech, Sandra Hernden continues her lawsuit against the Chippewa Valley School Board after alleged retaliation for speaking out against COVID-19 policies.

MIDLAND, Mich. — Sandra Hernden, a Michigan mother of three and police officer, is not backing down in her legal fight against the Chippewa Valley School Board, after a federal judge ruled that the harassment she faced for speaking out at school board meetings was only "minor." Hernden, represented by the Mackinac Center for Public Policy, has filed an appeal with the U.S. Court of Appeals for the Sixth Circuit, challenging the court's decision.

Mother’s Advocacy Sparks Legal Battle with School Board

The legal dispute stems from Hernden's outspoken opposition to the school district’s remote learning policies during the COVID-19 pandemic. Hernden, whose son has a learning disability, saw firsthand how virtual learning negatively impacted his education and well-being. In response, she began advocating at school board meetings in 2020, urging a return to in-person instruction.

However, her efforts were met with significant pushback. A board member contacted Hernden's employer, accusing her of “veiled racism” and behavior unfit for a police officer. An internal investigation cleared Hernden of any wrongdoing, but the retaliation didn’t stop there. In a move that has drawn national attention, the school board president reported her to the Department of Justice just one day after U.S. Attorney General Merrick Garland issued a memorandum targeting parents attending school board meetings.

Court Acknowledges Harassment, But Deems it "Minor"

In a ruling from the U.S. District Court for the Eastern District of Michigan, the judge acknowledged that Hernden had been harassed by a school board member but downplayed its severity because she did not lose her job and continued to speak out. The court deemed the retaliation as "minor harassment," prompting Hernden to appeal the decision.

“Harassment is harassment,” said Hernden in a statement. “Parents know what’s best for their children, yet this decision undermines our ability to advocate for our children and their education. It’s disheartening to see that the government views parents as obstacles, not allies.”

Fight for Free Speech and Parental Rights

The case raises broader concerns about free speech and the rights of parents to challenge government decisions, especially in school settings. Hernden’s attorney, Steve Delie of the Mackinac Center, emphasized that the First Amendment protects citizens from being bullied into silence by government officials. "Parents who challenge government overreach shouldn’t have to fear a knock on their door by law enforcement," said Delie. "We look forward to arguing this case on appeal so that our client can get the apology she rightly deserves.”

The lawsuit continues to shine a spotlight on the intersection of parental rights, public education policies, and government accountability. The outcome could set a precedent for how school boards handle dissenting voices in the future.

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