A Fresno judge refused to dismiss a defamation case brought by Bullard High School’s football coach against Fresno Unified Trustee Keshia Thomas and the district, allowing the lawsuit to proceed and moving the case one step closer to trial.

Coach Don Arax is suing Thomas and FUSD for a comment the trustee made in a May 17 live broadcast with GV Wire, accusing Arax of using a racial slur against one of her sons. The coach has denied that ever took place.

The suit also cited a May 20 follow-up article by GV Wire that republished her May 17 comments, plus an additional claim from Thomas in the May 20 article, calling Arax “completely unfit to be in this discussion” regarding racism in FUSD. Thomas’ comments were made in the aftermath of a photo circulated on social media of a student in Bullard’s weight room wearing what appeared to be a makeshift Ku Klux Klan hood.

Attorneys for Thomas and FUSD filed anti-SLAPP motions in October in an effort to get the suit dismissed. SLAPP stands for “Strategic Lawsuits Against Public Participation.” Anti-SLAPP laws stand as a provision against meritless lawsuits that subvert First Amendment rights.

In a ruling issued Dec. 15, Judge Kristi Culver Kapetan allowed the suit to go forward regarding Thomas’ original comment accusing Arax of calling her son a slur – a win for Arax and his attorney.

“Mr. Arax is grateful for the Court’s thorough and well-reasoned ruling,” Whelan said in an emailed comment to The Bee’s Education Lab, “and looks forward to his day in court.”

At the same time, however, the judge also ruled to dismiss the defamation claim in the case of Thomas’ other comments in a small victory for the defendants.

Leading up to the judge’s ruling, the defendants’ attorneys raised questions about whether Thomas was acting in her official capacity as a trustee.

Thomas’ lawyers argued she was, and that her speech should therefore be protected as part of her official duties to inform the public of information relevant to the district.

FUSD’s team countered that she wasn’t and that the district shouldn’t be “vicariously liable” for her statements.

The Dec. 15 ruling highlighted additional contentions from FUSD’s lawyers, including that Thomas was speaking as a parent rather than an elected official.

FUSD also made the case that Thomas’ comments violated board bylaws that prevent trustees from “personal attacks” of members of the public and from “unilaterally” scheduling meetings “purporting to represent the district,” the ruling said.

Thomas didn’t respond to a request for comment on the district’s position.

The dispute over whether Thomas spoke as a trustee or an individual ultimately worked against both defendants with the court ruling that the anti-SLAPP motions couldn’t be fully granted due to the questions that remain.

The court also determined that Arax isn’t a “limited public figure” – someone who courts define as “voluntarily” injecting themselves into a public debate. Public figures are held to a higher legal standard than private figures in order to win in defamation cases.

Either party has 60 days to appeal the court’s ruling under California’s anti-SLAPP laws. Thomas’ and FUSD’s counsel didn’t respond to questions about how they plan to respond to the ruling.

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The Education Lab is a local journalism initiative that highlights education issues critical to the advancement of the San Joaquin Valley. It is funded by donors. Learn about The Bee’s Education Lab at its website.