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News By Entity > New Caney Independent School District > Petition for Injunction Filed Against New Caney ISD
Published by Foz on 5/21/2008
New Caney, TX (Montgomery County Monitor) - On May 1, 2008, Martin Wise, a Porter resident, filed for an injunction against the New Caney Independent School District (NCISD). According to court papers filed on this matter, the petition for an injunction against NCISD stems from Mr. Wise's attempt to speak at a New Caney School Board meeting in April of this year.

The petition claims Mr. Wise's First Amendment right to free speech was violated and that he was falsely imprisoned while exercising his right of free speech.

Video of the April 2008 school board meeting shows Mr. Wise attempting to discuss credit card spending by Rick Cowan, District Superintendent and Cindee Reynolds, Public Information Officer for the District.
Video of Mr. Wise at the April 22, 2008 NCISD Board Meeting. Note: audio levels may need to be adjusted.


During his speech, Mr. Wise was told by board president David Eugene "Gene" Gregory, "if you have a complaint against the superintendent or an employee, you have to file a complaint against those employees..." Mr. Gregory went on to say the complaint would have to be discussed at a later time and that he was just following the written rules. While Mr. Wise continued to try to debate the matter, Mr. Gregory instructed NCISD Police Chief, Troy Wootton, to escort Mr. Wise out of the room.

According to a letter from Eric Yollick (Mr. Wise's attorney) to Mr. Cowan, the NCISD Police Chief made an unsuccessful attempt to contact Mr. Wise after the petition for an injunction was filed. The reason for this attempted contact is still unclear. Additionally, NCISD legal counsel (Walsh, Anderson, Brown, Schulze & Aldridge, P.C.) out of Austin, TX, filed a notice of removal with the District Clerk. This maneuver effectively moved the petition for an injunction from a district court to a federal court setting.

This may not be the first time NCISD police have escorted people out of a New Caney School Board Meeting. According to Fox 26 News, their crews have been hampered and/or escorted off site under threat of arrest more than once in just the last year. See this VIDEO and this VIDEO from Fox 26 News.

Cindee Reynolds, spokesperson for NCISD says Fox 26 News was given ample opportunity to attend the April board meeting, but instead "they wanted to roam" the grounds. Ms. Reynolds says the District does not allow anyone with a camera to freely roam on school property without prior approval. Ms. Reynolds also stated that in the past, Fox 26 News had disrupted some meetings.

Commenting on Mr. Wise's speech, Ms. Reynolds said Mr. Wise crossed the line when he mentioned employees names in his speech.

However, the NCISD policy on public participation in board meetings states, "When the Board sits in public meetings to conduct public business and hear the views of citizens, it may not discriminate between speakers on the basis of the content of their speech or the message it conveys."

Mr. Wise is scheduled to speak on tax expenditures at the next NCISD board meeting which is set for 6:30 p.m. Tuesday, May 27, 2008 at 21580 Loop 494 in New Caney, TX.

In a related note, the NCISD board elected officers at their meeting on Tuesday evening. The new officers are as follows:

President - Karen Bush
Vice President - Everett Mitchell
Secretary - Stacy Shipley
Assistant Secretary - Scott Hesson

Not present at the meeting were Gene Gregory, Issac Williams and Tony Tobias.

Related Information
New Caney ISD - Documents Related to Petition for Injunction
New Caney ISD - Superintendent Credit Card Statements - Cowan

Tags: NCISD   Trustee  




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