Former Assistant Principal's Lawsuit Involving "The Laramie Project" performance is Dismissed

by Chris Peterson, OnStage Blog Founder

A former high school assistant principal, who alleged he was fired over his protests of his school performing The Laramie Project, has had his discrimination lawsuit dismissed against his former school district.

Corey McNellis sent emails to his staff at Ponderosa High School in CO, stating he did not approve of the show, which was performed in 2020, and was concerned about its content. He was also worried about “how the Christian religion comes across in the play,” said McNellis’ attorney Spencer Kontnik. He sent emails to the show’s director offering his Christian perspective on the show, asking if “the love that Jesus” could help the play.

The Laramie Project is a 2000 play by Moisés Kaufman and members of the Tectonic Theater Project about the reaction to the 1998 murder of gay University of Wyoming student Matthew Shepard in Laramie, Wyoming. The show does contain characters who share their religious views.

As per the legal complaint, an email correspondence involving McNellis and fellow colleagues occurred on a Friday. Subsequently, on the following Saturday, McNellis received instructions to refrain from reporting to work on the ensuing Monday. A while later, district authorities initiated an investigation and temporarily placed him on leave. Nearly three weeks after the initial email exchange, the lawsuit contends that McNellis was notified of his termination.

In July 2022, Corey McNellis sued the Douglas County School District, alleging it terminated him for his religious beliefs.

In an email to The Denver Gazette, he said feedback had been solicited about the play and that he was concerned about its potential impact on students. He said he looked forward to a jury "looking at the facts of the case" and that his career had been ruined.

But this case will not go in front of a jury because McNellis’ lawsuit has been dismissed.

According to a report, on Aug. 28,

U.S. District Court Senior Judge Raymond P. Moore concluded McNellis failed meet the legal standard for a discrimination or retaliation claim. The U.S. Supreme Court has established that public employees' right to free speech is more limited, and McNellis needed to show, among other things, that his comments were not connected to his official duties.

Because McNellis spoke out about the play on a staff-wide email list and specifically mentioned he was writing "as an employee," Moore determined the speech was not shielded from discipline.

Moreover, he wrote, "the Complaint lacks factual allegations that would establish that Plaintiff’s emails were a motivating factor in his firing.

The Laramie Project is one of the most popularly produced plays for school theatre, as it should be. Performing it in high schools holds immense importance, as it serves as a powerful tool for education and empathy-building. It not only sheds light on the devastating consequences of hate and prejudice against LGBTA+ communities but also encourages critical thinking and discussions about important social issues.

I hope more schools continue to perform the work. Performing this play can play a vital role in shaping the future generation's values and promoting a culture of respect, tolerance, and social awareness.