The Pueblo County School District 70 has reinstated a substitute teacher after removing him following the threat of a legal challenge for violating his First Amendment rights.
“It is critical for the public to understand that when the government acts in violation of the Constitution, people have the power to fight back,” said David Lane, the attorney for teacher Christopher Sutton, a long-time substitute teacher.
Lane said his firm plans to file a federal lawsuit despite his reinstatement.
“Reinstating Mr. Sutton does not erase the fact that the government has violated the law.”
The district said in a statement it does not provide comments on personnel matters.
The controversy began in September after the death of political commentator Charlie Kirk. On Sept. 15, which coincided with the death of Sutton’s grandfather, Sutton posted a statement on his personal Facebook account:
"Pretending that everyone deserves to be mourned is dumb as (expletive). Sometimes, the world becomes a better place. If I find relief in the passing of my own relative, then why in the (expletive) would I need to grieve a propagandist that worked to make the world more dangerous?"
The post was saved and shared by third parties on local Facebook groups, which led to complaints to Superintendent Ronda Rein. Two of the complainants were local politicians who threatened to withhold support for a local tax increase if Sutton stayed employed. A records request found a total of eight emailed complaints.
Sutton, a disabled veteran, also posted that putting flags at half-staff for Kirk was infuriating to him. Immediately following Kirk’s death, he also posted that he condemns all violence and does not celebrate anyone dying from gun violence.
On Sept. 25, the district put Sutton, who had long been politically active, on “inactive” status, where he was unable to work as a teacher.
Rein cited the "potential for disruption to the school setting based on the public outcry" as the reason, though she noted that there were no concerns about Sutton's professionalism within the classroom. Following consultation with district legal counsel, Brad Miller, the official letter stating the reason for placing Sutton on inactive status was a "disruption to the learning environment."
On Nov. 20, Sutton’s legal counsel sent a letter to the district informing them that they were violating the First Amendment’s guarantee of free speech and threatened litigation.
Sutton’s law firm argued that the disruption rationale was a façade for retaliation based on Sutton’s political beliefs.
On Dec. 5, the district notified Sutton that he was reinstated. The letter reiterated that the inactive status decision was based on a concern that his social media posts created “substantial and credible disruption to the educational environment,” but the notice also included an assurance against retaliation for any prior protected activities.
