Colorado charter school coaches say school violated First Amendment rights in federal lawsuit

Two high school basketball coaches who were fired by a Colorado charter school are suing the school in federal court, saying their suspension and ultimate termination violated their constitutional rights.

The firings stem from a Jan. 22 incident at a high school basketball game between Lotus School of Excellence and Denver Academy of Torah, where parents from Denver Academy of Torah accused the two coaches, who are both Palestinian-Americans, of antisemitism after they draped keffiyehs — traditional Middle Eastern head scarves — over the railing of the bleachers.

"This case is about two Palestinian coaches who devote their time and energy to coaching a high school basketball team — the same one they played for when they were in high school — and how one day, after an uneventful game, individuals from the opposing team objected to their identity," Azra Taslimi, an attorney from the Rathod Mohamedbhai LLC law firm who's representing the coaches, told CBS News Colorado on Thursday.

In the lawsuit, the coaches also deny claims that they refused to shake hands with the opposing team and point to footage from the gym's security camera.

The coaches also claim the footage shows a coach from Denver Academy of Torah "shoulder-checking" one of the Lotus coaches, leading to an argument.

CBS News Colorado has reviewed some, but not the entire video, and can't independently confirm the claims from the coaches or either school regarding the coaches' alleged behavior. An attorney for the Lotus coaches says they have also only seen portions of the video of the game, which was held at Lotus.

"What followed was a launch of discriminatory accusations about the coaches waiving a flag and refusing to shake hands with the kids on the other team, none of which happened," Taslimi said. "The fact that it was not true and none of that happened didn't matter."

The coaches, Sami Jabai and Samir Omair, were suspended within days and verbally fired about two weeks later, Taslimi said. They say the firings violated not only their First Amendment rights to free expression, but also the Equal Protection Clause of the 14th Amendment and a federal law prohibiting racial discrimination in employment contracts.

According to the lawsuit, "In justifying their decision, school leadership openly admitted that the Coaches were fired because they had 'triggered' the backlash by 'wearing Palestinian flag and keffiyeh.'"

The coaches' attorneys argue that they "were subject to adverse employment actions entirely because of their national, racial, religious, and ethnic identity, and the expression associated with that identity."

"At its core, this case is about whether Palestinians are allowed to exist in society without having to hide who they are," Taslimi said. "Wearing clothing reflective of your national, ethnic, and religious identity is not misconduct. The Constitution protects that expression and those rights do not disappear because someone is offended or uncomfortable."

Lotus School of Excellence is a public charter school, meaning it's tuition-free and publicly funded. It also means employees typically have more protections under the Constitution than private schools or other private employers.

"Public institutions may not punish such expressions or discriminate against individuals for quietly expressing their national, ethnic, or religious identity, especially in the face of coordinated campaigns designed to suppress voices from marginalized communities," the coaches' attorneys wrote in the lawsuit.

A message was left with a school employee, and an email was sent to the defendants, Lotus School Executive Director Mehmet Nalcaci and Middle and High School Principal Ermek Bakyt, seeking comment on Tuesday. As of Thursday evening, no school officials had commented on the suit.

Bakyt did, however, speak to CBS Colorado in January, saying, "that coach's single act doesn't represent what we stand for," referring to Omair.

"We haven't seen any flags being hung in previous games. This was an isolated incident, and we took action immediately," he said at the time.

He went on to say the school might implement further cultural sensitivity training in the future.

The coaches are seeking a jury trial and economic losses, including lost wages as a result of their firing.

Ultimately, Taslimi said her firm is filing the lawsuit to protect everyone's ability to express themselves and pride in their identity.

"Public institutions do not get to fire employees because outside groups object to their identity. If that were allowed, no minority community would ever be safe," she said. "That applies to all minority communities — Muslim, Jewish, Black — and the Constitution exists precisely to protect that kind of speech and expression."