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safety. His intent was not to maintain order, but to silence criticism and
discourage further advocacy from parents within his school district.
The impact remains ongoing. Petitioner continues to face the threat of
criminal prosecution for attempting to access public education spaces in
support of his children, with no clear policy guidance, appeal process, or
lawful alternative provided. As Robert Stewart and the City of Newport News
continue to make decisions without written standards or formal procedures,
Petitioner is left navigating arbitrary, evolving restrictions that place both him
and his children at continued risk.
V. LEGAL GROUNDS
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Petitioner brings this action pursuant to Virginia Code § 8.01-184 for
declaratory judgment to determine the lawfulness of the trespass citation and
subsequent ban issued by Respondent Stewart, and to clarify the respective
rights and responsibilities of the parties.
Petitioner also seeks injunctive relief pursuant to Virginia Code § 8.01-620,
as the ongoing denial of access to public education property is causing
immediate and irreparable harm, and there is no adequate remedy at law.
The trespass citation and property ban were issued without prior notice, a
meaningful opportunity to be heard, or any appeal process—violating
Petitioner’s procedural due process rights under the Fourteenth Amendment
and Article I, § 11 of the Virginia Constitution.
See Mathews v. Eldridge, 424 U.S. 319 (1976); Goss v. Lopez, 419 U.S. 565
(1975).
When the government denies a parent access to public school property—
interfering with their ability to fulfill educational and familial
responsibilities—it must do so through lawful procedures that satisfy due
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