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COURTS Eagle Point school district violated union members' constitutional rights, federal judge says Officials content restrictions during 2012 strike were made in students' interest Comment By Thomas Moriarty Mail Tribune MailTribune.com By Thomas Moriarty Mail Tribune Posted Apr. 7, 2015 at 5:00 PM Updated Apr 7, 2015 at 6:46 PM By Thomas Moriarty Mail Tribune Posted Apr. 7, 2015 at 5:00 PM Updated Apr 7, 2015 at 6:46 PM » Social News Jackson County School District 9 violated the constitutional rights of teachers’ union members and should be held accountable, a federal judge recommended Monday. The Eagle Point Education Association had sued the district in federal court in Medford over restrictions officials placed on striking teachers during a dispute over contract negotiations in 2012. In a report and recommendation, Magistrate Judge Mark D. Clarke wrote that the schools have to maintain a delicate balance between their responsibilities to protect and educate students and their obligation to ensure the free-speech rights of both students and staff. "The court is confident that with good faith negotiation and collaboration between the school district and the teachers, all of these important objectives could have been met," Clarke wrote. "Instead, the school district, on the eve of the strike, unilaterally imposed broad, sweeping resolutions as a clear prior restraint on a particular viewpoint, without any showing that the restrictions were necessary to protect the manner of the school district and without any thoughtful analysis as to reasonable time, place and manner restrictions." According to court filings, the School Board imposed sweeping rules six days before the union's strike began, barring picketers from district property for any reason. At the same time, the district signed a three-month lease on a vacant lot across from district headquarters that had been used as an organizing location for union members. Because the School Board's resolution applied to all property "owned or leased by the district," union members said, the move effectively denied union members any ability to protest in view of school officials. One student who displayed a sign expressing support for the strike on her car was also forced to park off campus, the complaint said. District Superintendent Cynda Rickert maintained the restrictions, which she said were imposed on the recommendation of the Oregon School Board Association, were necessary to protect students' learning environment. "Right now, I'm stunned," Rickert said. "It's so hard for me to understand how students could have been cast aside in this decision." Daniel Burdis, an Oregon Education Association consultant to the union, said Clarke's findings were "absolutely" in line with the union's position. "(The restrictions) were an absolute zero-tolerance policy," he said. Union members are seeking an injunction barring the school district from enforcing similar rules in the future, as well as actual damages and the recovery of attorneys' fees. Clarke’s report now goes to District Judge Michael McShane, who will make the ultimate ruling in the case. "I really do feel hopeful and optimistic about moving forward with this next step, because I really do feel that any clear-thinking person will consider the students," Rickert said. She said the district "absolutely" intends to appeal the judgment if McShane rules in favor of the union. Burdis said the union likely will continue to fight the district through any further appeals and described the district's position as disappointing. "Of the medium-large districts in Southern Oregon, Eagle Point's got the largest turnover by far," he said. "Focusing on this takes away from dealing with those issues." Reach reporter Thomas Moriarty at 541-776-4471, or by email at [email protected] . Follow him at @ThomasDMoriarty .   By Thomas Moriarty Mail Tribune MailTribune.com By Thomas Moriarty Mail Tribune Posted Apr. 7, 2015 at 5:00 PM Updated Apr 7, 2015 at 6:46 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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