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disobedience" and was willing to accept the consequences. Mr. Parker declared,
"If I'm not under arrest then I'm not leaving." Mr. Parker also used his cell phone .
to make a number of phone calls, and a small group of people began arriving with
cameras.
Finally, when it became necessary for the administrative staff to leave and secure
the building, the police arrested Mr. Parker at 6:24 p.m. The group with the video
camera was waiting behind the police station and photographed Mr. Parker's
arrival. Mr. Parker was processed at the police station, afforded all his rights, and
after using the telephone, chose not to be bailed. He was held overnight at the
Lexington Police Station and in the morning was transported to the Concord
District Court for arraignment.
41. The defendant Scott Burson, an elected member of the Lexington School Committee, also
commented publicly at the May 27,2005 School Committee meeting that he was
"particularly distressed at trying to turn our children into cannon fodder in the culture
wars. They deserve better." While he did not specifically mention the Parker family, on
information and belief, the comments were directed toward the Parkers and others.
42. During the current 2005 -2006 school year, the Parkers' oldest son _____ is in the first
grade at the Estabrook Elementary School. In September 2006, the second of the Parkers'
children, _____, is expected to begin kindergarten at Estabrook Elementary School. On
December 2,2005, the Parkers again notified the Superintendent's Office of their request
via a Parental Right Assertion. They requested:
to be notified when there are plans to discusslpresent homosexuality,
transgenderism, or gay relationshipslmarriage in our son's presence. When
"spontaneous" adult discussion arises with the intent to affirm, validate, celebrate,
and/or normalize homosexuality, transgenderism, or gay relationshipslmarriage -
we request that our child be removed from this discussion. We request to also be
notified in advance of any other planned human sexual education and human
sexuality issues such as abortion, birth-control, pre-marital sex, or surveys. We
also request to view any materials within the school pertaining to the
aforementioned topics within the reach of our child.
43. On or about September 22,2005, the defendant Superintendent Ash issued a statement