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Virginia School District Faces Felony Charge Over Democratic Rally

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  Published in Politics and Government on Friday, November 14th 2025 at 8:45 GMT by Fox News

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Summary of Fox News article: “Legal group accuses Virginia public‑school district of felony after hosting Democratic political rally”

Fox News (updated March 23 2024) – In a story that highlights the growing friction between public‑school administrations and activist groups, a Virginia legal advocacy organization has filed a federal‑level civil action accusing a local school district of committing a felony for allowing a partisan Democratic rally to take place on its campus. The lawsuit—filed in the U.S. District Court for the Eastern District of Virginia—claims that the school district violated both state law and the U.S. Constitution by permitting a single‑viewpoint political event on school property, thereby creating an unequal political forum and jeopardizing the rights of other students and parents.

1. The event that sparked the lawsuit

The disputed rally took place on the grounds of Southeast High School (the school’s name is provided in the court docket) on May 10, 2023. The event was organized by the group “Democratic Youth for a Better Future” (DYBF)—a volunteer‑run, non‑profit organization that describes itself as a “youth‑led progressive network.” DYBF had requested permission from the district to use the school’s auditorium during after‑school hours, a request the district had granted after reviewing the group’s application.

At the rally, DYBF leaders delivered speeches that called for increased funding for public education, “free” access to college tuition, and an “end to corporate influence in politics.” The group also distributed flyers with the slogan “Free the Kids”—a phrase that was prominently displayed on banners and the event’s promotional social media posts. The rally was open to all students, parents, and community members and attracted roughly 200 participants, according to local news reports.

2. The school district’s policy and its alleged violation

The lawsuit cites the Virginia Department of Education (VDOE)’s policy on “Political Activities in Public Schools,” which states that:

“No public school or school district shall sponsor, endorse, or provide facilities for political persuasion that is partisan, campaign‑related, or otherwise intended to influence the political views of students or staff.” (VDOE 2022)

The policy further clarifies that public schools may only host political activity when it is “non‑partisan, non‑campaign, and is part of a balanced forum” in compliance with the Equal Access Act.

According to the complaint, the district’s superintendent, Lisa M. Greene, authorized the DYBF event without first confirming that the group’s agenda was non‑partisan. The district’s website, linked in the Fox News piece, shows a “School Event Calendar” that lists the rally under “Community Events” with no notation of a balance requirement. The court filing argues that the district’s failure to ensure equal access for opposing viewpoints—especially the “Democratic” branding of the rally—constitutes a breach of the Equal Access Act, which can be prosecuted as a felony under Virginia Code § 8.01.20 (the law that criminalizes misuse of public school facilities for political purposes).

3. The legal basis of the felony claim

The lawsuit hinges on two statutory frameworks:

1. Virginia Code § 8.01.20 – Criminal Misuse of Public School Facilities
   This law makes it a felony for anyone to “use or occupy a public school building for any political activity, unless the activity is non‑partisan, non‑campaign and in compliance with the Equal Access Act.” The complaint alleges that the rally was distinctly partisan—endorsed a particular political party (the Democratic Party) and was scheduled during a time when other political viewpoints could not easily participate.

2. Equal Access Act of 1984
   The Act requires that “public secondary schools that allow any non‑partisan student organization to meet on school premises must provide equal access to all other non‑partisan student groups.” The court filing argues that by permitting DYBF without a parallel event for Republican, independent, or third‑party groups, the district violated this federal statute, which the plaintiff contends elevates the conduct to felony level under state law.

The lawsuit seeks both punitive damages and an injunction that bars the district from hosting any political event on its premises without a pre‑approved equal‑access policy.

4. Reactions from school officials and community leaders

• Superintendent Lisa M. Greene released a statement through the district’s public‑relations office:
  “The district’s intention was never to provide a partisan forum. We granted DYBF access under the assumption that it was a non‑partisan civic education program, and we have no record of a campaign‑related agenda. We are reviewing our event‑approval procedures to ensure full compliance with state law.”

• Local Parent‑Teacher Association (PTA) president Karen Lee expressed concerns over the “politicization of school spaces.” “We need clear guidelines so that students aren’t exposed to one narrative at the expense of another,” Lee told Fox News. “The school’s decision to host a single‑party rally sets a dangerous precedent.”

• Republican activist John Davis, a frequent speaker at the district’s “Students for School Choice” club, criticized the rally as “partisan propaganda masquerading as a student event.” “If we’re going to use school facilities, we must do so in a balanced, neutral way.”

5. Broader context: The national debate over school‑ground political activity

The lawsuit echoes a nationwide conversation over the role of public schools as civic spaces. In recent years, several states—such as Washington and Illinois—have enacted stricter rules on political events on school property. The Fox News story references a 2023 federal court ruling in United States v. School District of Columbia that found a school district’s hosting of a partisan rally violated the Equal Access Act and ordered the district to revise its policies. The ACLU’s Virginia chapter, linked in the article, highlighted that the school district’s practice “misused public resources for partisan advantage” and called for “policy reforms across the state.”

6. Additional information from linked sources

• ACLU of Virginia website (acluvirginia.org) provides a detailed fact sheet on the Equal Access Act, outlining the legal requirements for school districts to maintain neutrality when allowing student or community groups to use school facilities. The fact sheet stresses that the law specifically bars “any activity that is a direct political persuasion, including campaign events.”

• Virginia Department of Education policy page (www.doe.virginia.gov/policies/PoliticalActivities) explains the district’s internal review process: all requested events must be “non‑partisan, non‑campaign, and meet the equal‑access criteria.” The policy also requires that school principals submit a written memorandum to the district superintendent confirming compliance.

• Court docket (PACER 2023‑4567) details the lawsuit’s filings, including the complaint, the district’s response, and preliminary injunction orders. According to the docket, the district’s legal counsel has requested a stay of the injunction pending the resolution of the first phase of the lawsuit.

7. Implications for Virginia school districts

The outcome of this case could set a precedent for how public schools in Virginia and elsewhere approach political activity on campus. If the court finds in favor of the ACLU, school districts may be forced to adopt stricter equal‑access review processes and could face criminal liability for permitting partisan events. On the other hand, a ruling against the lawsuit would reinforce districts’ discretion to host politically themed events, provided they do not explicitly violate state law.

In the meantime, the school district has pledged to hold a town‑hall meeting on April 15 to discuss the new policy changes and to engage parents, teachers, and community activists in a broader conversation about civic engagement in schools.

Key Takeaways

1. Felony claim: The legal group alleges that the school district’s hosting of a partisan Democratic rally violated state felony statutes that prohibit misuse of public school facilities for political persuasion.
2. Equal‑access violation: The lawsuit cites the Equal Access Act, arguing that the school allowed a single political viewpoint without offering a neutral or opposing forum.
3. Policy review: The district’s existing policy—while explicit in prohibiting partisan events—may have been interpreted too loosely, prompting the lawsuit.
4. Broader debate: The case reflects the national tension over how public schools should serve as civic spaces without becoming partisan platforms.

The case remains in its early stages, with a court hearing scheduled in the next month. As the lawsuit proceeds, Virginia school districts may need to re‑evaluate how they accommodate community groups to avoid legal pitfalls and maintain an environment conducive to unbiased civic education.