FOR IMMEDIATE RELEASE
CONTACT: Tarin Swain, media@momsforamerica.net
‘Federal Jury Affirms Constitutional Rights of Parents and Advocates, Setting Precedent for Public Meetings Nationwide’
Cincinnati, OH – On July 22, 2025, Moms for America® a national nonprofit dedicated to empowering mothers to protect liberty, family, and faith, celebrates a significant federal court victory in the case of Schmidt and Kohls v. School District 49. A unanimous jury in the U.S. District Court for Colorado found that District 49 and its former Board President John Graham violated the First Amendment rights of plaintiffs Deb Schmidt and Kelly Kohls by removing them from a public board meeting for displaying signs expressing their political views.
The ruling stems from a February 2023 School District 49 Board of Education meeting, where Schmidt and Kohls held signs – one calling for the resignation of then-board member Ivy Liu with the message “Resign Ivy!” and the other demanding the resignation of all board members. Despite the signs being silent and non-disruptive, Graham paused the meeting, demanded the signs be lowered citing a violation of decorum, and ultimately had security remove the women from the premises when they refused. The jury determined that these actions constituted viewpoint-based discrimination, depriving the plaintiffs of their constitutional rights under the First and Fourteenth Amendments, and that the restrictions were not reasonable for maintaining order. The jury also found that the deprivation stemmed from a board policy or practice, rejecting the defendants’ argument that the removals aligned with a newly adopted practice allowing only blank signs.
“This verdict is a resounding affirmation of the core American values we hold dear at Moms for America,” said Kelly Kohls, Senior Director of Moms for America and one of the plaintiffs. “Public bodies need to understand that they have boundaries, that they cannot subvert or ignore our constitutional rights. They might dislike the message and maybe the messenger, but that is irrelevant. What is relevant is our natural rights and that’s illuminated in the U.S. Constitution.”
The court awarded nominal damages of $2,000 against District 49 and $2,500 against Graham, underscoring the symbolic importance of the constitutional infringement. Notably, security specialists David Glenn and Robert Konz, also named as defendants, were found not to have violated the plaintiffs’ rights, and the equal protection claim under the 14th Amendment was dismissed.
Deb Schmidt, a District 49 resident, grandparent of two students in the district, and now an elected member of the Board of Education, expressed optimism for the future. Following the trial, Schmidt indicated plans to collaborate with Superintendent Peter Hilts on drafting a new policy to prevent similar violations, stating, “I’m ready for it as soon as possible, and I’m sure he probably is, too, because we want to avoid this in the future.”
District 49 Superintendent Peter Hilts acknowledged the outcome in a written statement: “D-49 places learning as our highest value and our ongoing mission. We consider this outcome an opportunity to learn more about how we can better support the board president’s responsibility to maintain order while also preserving constituents’ rights to express themselves.”
This case highlights the ongoing struggles parents face in advocating for their children’s education and holding school boards accountable. Moms for America remains committed to supporting mothers in their efforts to safeguard parental rights and ensure transparent, respectful public discourse.
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Founded in 2004, Moms for America is a national, non-profit 501c3 educational corporation rooted on the principles of liberty and virtue our nation was founded on, and focused on promoting these principles, values, and virtues in the home and family, particularly through the women and mothers of America.
To learn more about Moms for America, please visit momsforamerica.us. You can follow MFA on Twitter, Facebook, and Instagram.
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For more information or questions, please reach out to Tarin Swain at media@momsforamerica.net.