A New Hampshire school district that banned two fathers from school grounds after they wore pink “XX” wristbands opposing transgender participation in girls’ sports has agreed to a federal court judgment declaring it violated the plaintiffs’ First Amendment rights.
The resolution, approved Thursday by U.S. District Judge Steven McAuliffe, ends more than two years of litigation and requires the district’s risk pool to pay $275,000 in attorneys’ fees and costs.
TRANS ATHLETES DROP LAWSUIT TO GAIN ACCESS TO GIRLS’ SPORTS IN NEW HAMPSHIRE AFTER SCOTUS RULING
The judgment protects the four plaintiffs’ right to silently wear the wristbands along the sidelines, in spectator areas and in parking lots at any Bow School District sporting event. It expressly declares that the district violated their constitutional rights when it barred the wristbands at a Sept. 17, 2024, girls varsity soccer game.
“It took more than two years, but the court has recognized that what happened to us was wrong,” plaintiff Kyle Fellers said in a statement reported by The Associated Press.
Fellers said the ban kept him from attending half of his daughter’s soccer games during her senior year.
The case grew out of a game between Bow High School and Plymouth Regional High School, whose girls team included transgender player Parker Tirrell. The wristbands’ “XX” symbols referenced female chromosomes and expressed opposition to allowing biological males to compete in girls’ sports.
DOJ REVIEWING PORTLAND THORNS INCIDENT SHOWING WOMEN’S SPORTS SUPPORTERS STRUCK, FORCIBLY REMOVED
School officials, accompanied by a police officer, confronted spectators over the wristbands. The confrontation escalated, the referee halted play and Fellers and Anthony “Andy” Foote subsequently received no-trespass orders.
Fox News Digital previously reported on Foote’s ban after he wore the wristband to his daughter’s game.
Fellers, Foote, Nicole Foote and grandfather Eldon Rash brought the lawsuit with representation from the Institute for Free Speech and local attorney Richard J. Lehmann.
Under the settlement, Primex, the district’s risk pool, will pay $225,000 to the institute and $50,000 to Lehmann Major List PLLC. Each plaintiff will receive an additional $17.91, an amount the institute said symbolizes 1791, when the First Amendment was ratified.
School officials had defended their response as an effort to protect students from harassment. Before the game, officials received reports about possible heckling and communications they believed suggested the protest could escalate. The fathers testified that they did not intend to harass or target the player.
The parents initially suffered a setback when McAuliffe denied their request for a preliminary injunction in April 2025.
But the 1st U.S. Circuit Court of Appeals concluded Aug. 26 that the plaintiffs were likely to succeed on their claim of viewpoint discrimination and sent the case back for further proceedings.
The appeals court found no evidence the silent protest caused a material disruption before school officials intervened. It also found no evidence that any player actually saw the wristbands.
The plaintiffs “did not march, shout, chant, or otherwise disrupt the game,” the court wrote, concluding their conduct “fell short of harassment and disruption.”
THE CRAIG CARTON SHOW–UNFILTERED, UNAPOLOGETIC AND UNMISSABLE. DOWNLOAD HIS DAILY PODCAST NOW!
The panel also pointed to administrators’ descriptions of the message as exclusionary or hateful as evidence that officials likely punished the spectators because they disagreed with their views.
Thursday’s resolution is a stipulated judgment agreed to by the parties. The settlement contains a provision denying wrongdoing except as expressly established in the judgment, which declares the district’s wristband ban unconstitutional.
The judgment binds the district, its Board of Education and their successors. It remains effective even if the district revises its conduct policies or athletics handbook, and the court retains authority to enforce it and the settlement.
The Associated Press reported that an attorney for the district did not respond to its request for comment.
The Institute for Free Speech said the order arrived in time for a Bow girls varsity soccer playoff game scheduled for Friday, Nov. 6.