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39. Subsequently, the defendant Superintendent Hurley issued a no-trespassing order against

Mr. Parker, banning him from all school property. (In November 2005, the no-trespass

order was dismissed by the new Superintendent, the defendant Dr. Ash.)

40. Following the arrest of Mr. Parker, Mr. Hurley, along with the Lexington Chief of Police

Christopher Casey, released a statement to the press and community that was sent home

with all Lexington Public School children in their book bags. It reads in full:

At the request of Mr. and Mrs. Parker, a school principal and the Director of
Curriculum and Instruction for the Lexington Public Schools ("Administrators")
met with the Parkers on Wednesday, April 27, 2005, starting at approximately
3:00 p.m. The Administrators agreed to meet with the Parkers to consider their
several requests, which appeared related to a picture book entitled "Who's in a
Family?" The book was among several included in a "diversity book bag" that
children in the Lexington Public Schools are permitted to take home for parents to
read with their child if they wish. The book is designed for young children and
includes illustrations of children accompanied by various parent figures, including
two individuals of different genders, two individuals of the same gender,
grandparents, bi-racial couples, as well as a one-parent family.

In particular, the Parkers requested the Administrators to ensure that in the future,
teachers automatically excuse or remove the Parkers' child even when discussions
about such issues arise, even if spontaneously. In response, the Administrators
described Lexington Public Schools' policy, adopted under state law (Chapter 71,
Section 32A), allowing students to opt out of curriculum that "primarily involves
human sexual education or human sexuality issues." The Administrators
explained that granting the Parkers' request was not required by the Policy or
statutory language. In addition, they explained that implementation of the
Parkers' request was simply not practical, since children could even discuss such
matters among themselves at school.

The Administrators informed the Parkers that they could appeal the response both
within the school department and, if necessary, to the Commissioner of Education.
However, Mr. Parker replied, "Other people have tried that and it did not work."
The Parkers stated that they would not leave the school until their demands were
met.

With the hours passing and the Parkers refusing to leave the school building, the
Lexington Police were notified. While Mrs. Parker chose to leave before police
arrival, Mr. Parker did not. Two plain-clothed detectives arrived at 5:20 p.m.,
followed by a Police Lieutenant at 6:00 p.m. All attempted to coax Mr. Parker to
leave voluntarily. However, Mr. Parker made it clear that he would not leave
unless his demands were met and that he knew he was engaging in "civil