BOE members confronted with claims of ‘lawlessness’

By on February 10, 2022

Ed Board Atty calls the allegations ‘frivolous nonsense’

Audience members placed letters of intent in front of the board members.

During another heated Board of Education meeting on Feb. 8, Dare County Citizens for Constitutional Rights, also known as Dare to Share OBX, delivered to board members and Superintendent Dr. John Farrelly 28 letters of intent to file claims against the school district.

The letters, the group states, are based on 26 state, federal and international laws they contend the district is violating. “We have been patient…we are done being patient,” Dare to Share OBX representative Courtney Haynes told the board during the public comment part of the meeting. The group’s members have been vocal at recent board meetings, raising concerns about mask mandates, pandemic funding and Critical Race Theory (CRT).

Despite a new district procedure requiring that all documents from the public be submitted prior to the meeting, a handful of audience members approached the board to deliver the letters as Haynes spoke.

“We are allowing you ten business days to correct your lawlessness or these claims will commence,” she continued as Board of Education Chair Joe Tauber and several Dare County Sheriff’s deputies tried to defuse the situation. Board Member Margaret Lawler tossed the papers on the floor.

Letters of intent are essentially a warning that an individual or individuals intend to file a lawsuit.

The group, according to Haynes, is demanding a number of things from the district, including the “thorough sweep and removal of all obscene material on school premises,” to cease all “advertisement/coercion” regarding COVID-19 vaccines, and to halt all policies that require universal masking.

The group was also asking for the end of what they claim is the unlawful quarantine of healthy children and for the district to craft and pass a policy prohibiting CRT in any form. In addition, the group wants the district to return 20 percent of state and federal pandemic funding “with SEL [Social Emotional Learning] stipulations attached.”

During a telephone interview with the Voice on Feb. 9, Dare Education Board Attorney Richard Schwartz described the letters of intent delivered by the group “a bunch of frivolous nonsense. It’s like someone took [spaghetti] and threw it up against the wall with bizarre claims that don’t amount to anything.”

Schwartz said that in the letters, the school board is accused of violating such things as the Geneva Declaration, the Nuremberg Code and other international humanitarian laws. “Quite frankly, this is a new one for me,” Schwartz said. “Any lawyer trying to file this claim ought to be laughed out of court.”

Referring to the physical placing of the documents on the board members’ table, Dare Board of Education Chair Tauber told the Voice, “I didn’t know anything like that was going to happen.”

When reached by the Voice, Kate Cerino of Dare to Share OBX, in a text message, wrote that “I would refer you to the Dare County Citizens of Constitutional Rights statement delivered during public comment…We are no longer in possession of the signed letters of intent. If you have further questions, then we would suggest you contact the BOE.”

Tauber said he turned the letters of intent over to Board Attorney Schwartz for his review and to direct the board on next steps. He also noted that at the March board meeting, members would discuss how to prevent a similar occurrence in the future. “We can always agree to disagree,” he said of the Dare to Share OBX group. “I understand the frustration…but let’s be civil about it.”

For his part, Dare County Schools spokesman Keith Parker declined to comment.

It appears that the strategy of serving letters of intent to sue is not unique to Dare County. According to a Jan. 20 News & Observer article, the Wake County Public Schools Board of Education was delivered similar letters of intent last month, again claiming 26 violations of state, federal and international law.


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  • John Waddam

    Don’t almost all of these school-kids nowadays have mobile phones and internet access?
    Since when do they need to go to the library for porn?
    That’s so “Old School”

    Friday, Feb 11 @ 7:29 pm
  • Greg

    I will submit these “dare to share OBX” folks are both Ill mannered and uninformed. Perhaps they should seek some additional education.

    Friday, Feb 11 @ 7:56 pm
  • Kevin Conner

    Solicitor Shwartz would be wise to remember that many lawsuits are frivolous nonsense, yet the alledged victim in so many cases manages to walk away with quite a retirement fund.

    Friday, Feb 11 @ 8:07 pm
  • Luminous

    Here is a link to the video of the Feb 8 Dare County Board of Education meeting:

    The public comment phase of the meeting begins at 46:50 and continues until 1:20:00. The board discussion and votes on the motion to revise the policy on face masks in the school begins at 1:29:50 and concludes at 1:34:00. You can reach your own conclusions about what happened at this meeting.

    The red dot below the video can be dragged to any point, skipping the other material. You can also click the Settings wheel in the lower right to speed up playback and turn on Closed Captions by clicking the CC icon. In this way you can view the material faster than real-time.

    Friday, Feb 11 @ 8:08 pm
  • Cliff Blakely

    A mind is a terrible thing to lose.

    Friday, Feb 11 @ 10:00 pm
  • Just a mom

    Wombatnc, homeschooling was not funded by taxpayers dollars until recently in nc … last few to several years. It should have been earlier. Unfortunately we had to pay taxes and buy curriculums for our kids. However, it was all I ever asked for…freedom to so choose what was/is best for my family.
    I am remarked by the ugly and angry tones on this comment section. We don’t all win and power changes thank God! If we were only governed by one group always we would not be free. One side or the other would be oppressed.

    Saturday, Feb 12 @ 7:22 am
  • KDH back seat reviewer

    Always a reason to check out the Outer Banks Voice to find out what is going on in the neighborhood

    Saturday, Feb 12 @ 2:27 pm
  • Lil Johnny

    Thanks for the link and wow just wow. I guess Lil Johnny is alive and well in Dare County he is just on the school board now and not in the back of the class. Mark won’t publish this but way to go Dare county parents you give me hope there is still a chance. At least Mark can see Lil Johnny does care even when you lock him out of his own house. Stay strong parents keep up the fight.

    Tuesday, Feb 15 @ 12:56 pm
  • Mark Jurkowitz | Outer Banks Voice

    Lil Johnny, ye of little faith.

    Tuesday, Feb 15 @ 3:16 pm