MacDonald: Parents Prevail In Pink ‘XX’ Wristband Discrimination Case

School violated their First Amendment rights: District bound by court to allow peaceful sideline protest.

We seem to be closing NH cases this week. On Nov. 4th, we reported on the settlement of a viewpoint discrimination case involving some 'Grok authors and the City of Nashua. Today, the Institute for Speech announced that the Bow Pink 'xx' wristband case had also been settled.

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After more than two years of litigation by the Institute for Free Speech, the Bow School District has agreed to a judgment declaring that it violated the plaintiffs' rights by barring them from wearing the wristbands at the game. U.S. District Judge Steven J. McAuliffe entered the stipulated declaratory judgment on November 5, 2026 as part of a settlement ending Fellers, et al., v. Kelley, et al. The Institute brought the lawsuit on behalf of Kyle Fellers, Anthony "Andy" Foote, Nicole Foote, and Eldon Rash. The settlement also provides $275,000 in attorneys' fees and costs.

Parents wore pink wristbands with 'XX' on them in black Sharpie in silent protest of a boy playing on the opposing girls' team. The story got national attention, but Bow maintained the ban right up until the declaratory judgment against the Superintendent and the School District.

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