Three parents and a grandfather in Bow have filed a lawsuit against the Bow School District, accusing the district of stifling free speech after they were issued no-trespass orders for protesting against transgender girls participating in girls’ sports teams.

On Sept. 17, during a Bow High School girls’ soccer game against Plymouth Regional High School, parents Anthony Foote and Kyle Fellers attended wearing pink armbands emblazoned with “XX,” a reference to the sex chromosomes associated with biological females to protest against allowing transgender athletes participating on girls’ sports teams.

On that day, Parker Tirrell, a transgender girl was playing for the Plymouth soccer team.

But the match was paused for 10 to 15 minutes as school officials asked the parents to remove their armbands, and they were subsequently issued no-trespass orders for targeting a student on the soccer field. The school district also had to call additional police to maintain order amid the protest.

In response, a lawsuit was filed in the U.S. District Court for the District of New Hampshire by Fellers, Anthony and Nicole Foote; and Eldon Rash, a family member of Fellers against the school district.

“Parents don’t shed their First Amendment rights at the entrance to a school’s soccer field. We wore pink wristbands to silently support our daughters and their right to fair competition. Instead of fostering open dialogue, school officials responded with threats and bans that have a direct impact on our lives and our children’s lives,” Fellers said in a statement. “And this fight isn’t just about sports — it’s about protecting our fundamental right to free speech.”

Superintendent of Schools Marcy Kelley, Principal Matt Fisk, Athletic Director Mike Desilets, as well as Bow Police Lieutenant Phil Lamy and soccer referee Steve Rossetti are named in the lawsuit.

This case comes in the wake of a recent law signed by Gov. Chris Sununu, which prohibits students assigned male at birth from competing on female sports teams in grades 5 through 12.

The lawsuit challenges several school policies that promote “mutual respect, civility, and orderly conduct” while prohibiting actions that “injure, threaten, harass, or intimidate” or disrupt school activities.

The evening before the game, Desilets sent an email to Bow soccer families emphasizing the need for appropriate behavior.

“I understand that there are some differing opinions regarding tomorrow’s game, and that is perfectly fine,” wrote Desilets. “Please understand that any inappropriate signs, references, language or anything else present at the game will not be tolerated. This is a contest between high school student-athletes and should be treated as such.”

Anyone who injures, threatens, harasses or intimidates others would be ordered to leave school grounds and the district reserves the right to issue “no-trespass” letters to those who violate this policy, according to school policy.

The night before the game, Foote took to Facebook to announce his intention to attend in support of his daughter and the state law that was meant to protect the girls’ team.

In the lawsuit, the plaintiffs express that they find it “frustrating and degrading” to have their viewpoints and presence prohibited by the Bow School District, particularly when they observe other spectators being allowed to express their opinions at school events.

Kelley says she had no comment at this time on the lawsuit.

Representing the parents in the lawsuit, is Del Kolde, a senior attorney at the Institute for Free Speech. He pointed out that over 50 years ago, the Supreme Court ruled in the case Tinker vs. Des Moines Independent Community School District that Americans have the right to express silent protest by wearing armbands to school, as was done during the Vietnam War, emphasizing that this situation is no different.

“Today, the political debate is different, and the wristbands are pink, instead of black, but the First Amendment protects our clients no less today than it did fifty years ago,” said Kolde. “Applying these policies to ban pink wristbands as a silent show of support for women’s sports is unconstitutional viewpoint discrimination.”

As a result of the no-trespass orders, Foote was barred from entering any district property, but his order was lifted on Sept. 21. Fellers’ order, however, remains in effect until the end of the fall sports season.

According to the lawsuit, an addendum to the no-trespass order issued on Sept. 25 allowed Fellers to participate in middle school parent pick-up and various administrative purposes, such as voting and attending school board meetings. But games, sports practices, extracurricular activities, drop-offs, and high school pick-ups were absent from the list of permitted activities.

The lawsuit aims to allow the parents to attend their children’s school events, including the ongoing soccer season, and to express their views on political and social issues, particularly those related to “protecting women’s sports.”

Once his current no-trespass order expires, Fellers hopes to begin silently but visibly protesting at sporting events and other extracurricular activities. But, he intends to hold off on this until the school district clarifies its policy, as he wants to avoid receiving another no-trespass order.

Foote shares a similar hope to engage in the same form of protest.

A federal court earlier this month ruled that Parker Tirrell and another transgender girl, 14-year-old Iris Turmelle, can continue playing on girls’ sports teams while their lawsuit challenging the new law proceeds.

The Bow parents' protest, wearing pink armbands, and the school district's response have captured significant attention across the state. At the following soccer game in Bow last week, attendees from various parts of New Hampshire showed up wearing these armbands in solidarity.

Foote, a veteran with over 30 years of military service, expressed disappointment that the school district in his hometown — where his family has lived for seven generations — has curtailed his rights.

“I sometimes wonder if I should have been here, fighting for our rights, rather than overseas,” said Foote.

Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com