A father from North Carolina has filed a lawsuit against a school district seeking clarity on restroom policies. Brandon Matthews, whose daughter attends Mount Pleasant Elementary School and whose son is a senior at Mount Pleasant High School, requested information regarding whether biological males are allowed to use the same restrooms as his children.
Matthews raised his concerns in May to the principals, demanding advance notice if students of the opposite sex were permitted to use the facilities designated for his children. According to his federal lawsuit, Matthews did not seek identification of any student but wants transparency about the policies.
The lawsuit, filed against Cabarrus County Schools, calls for the disclosure of policies related to sex-separated restrooms and locker rooms. Matthews’ attorney, Nicholas Barry of America First Legal Foundation, emphasized the father’s constitutional right to know if a male could use his daughter’s bathroom, stating without this information, Matthews is unable to make informed decisions.
Matthews has been persistent about the issue. He attended a May 11 school board meeting with his daughter to voice his concerns and argued that boys and girls should have separate bathroom facilities. His daughter, speaking at the meeting, expressed discomfort with the idea of boys using the girls’ bathroom.
Following this, Matthews formally requested that the school principal notify him if any biological male is allowed to use the female restrooms that his daughter uses. Similar requests were made for his son’s facilities. However, both school principals responded by stating they were unable to disclose information about individual students due to confidentiality requirements.
The lawsuit does not claim Matthews has evidence of a biological male using the facilities meant for his daughter, yet it seeks policy transparency. Matthews, supported by America First Legal Foundation and attorney Philip Thomas, hopes the court will mandate the district to clarify and disclose restroom policies during the case’s proceedings.
At an earlier school board meeting, a board attorney stated that the district approaches restroom and locker room scenarios on a case-by-case basis considering all students’ and families’ concerns.
The lawsuit seeks not only clarity on the policies but also advance notice and the opportunity for parents to opt their children out of sharing intimate facilities with the opposite sex. A decision in Matthews’ favor might have broader implications, potentially affecting how schools across the country disclose restroom policies and garner parental consent.
Matthews’ case is backed by the Supreme Court’s decision in Mahmoud v. Taylor, highlighting the right to notice for parents regarding certain informational aspects of their child’s education. Matthews asserts the school district infringed his rights under the Free Exercise Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment.
This case is separate from another lawsuit against Cabarrus County Schools involving allegations at Cox Mill High School where female students reportedly shared facilities with a biological male. Matthews’ lawsuit does not allege such occurrences at his daughter’s school but demands policy transparency.
Matthews emphasizes he seeks information and notification, not banning any student from facility access. Cabarrus County Schools has yet to respond to inquiries regarding the lawsuit.