Fayette judge dismisses lawsuit against teachers union for 2019 ‘sickout’ in Kentucky

Valarie Honeycutt Spears
·2 min read

A Fayette judge has dismissed a lawsuit against a Lexington woman and the organization she co-founded for their alleged role in a “sick-out” by Kentucky teachers protesting a restructuring of the state Teachers’ Retirement System board in 2019.

Amy Cubbage, an attorney for Nema Brewer and KY120 United-AFT, a union that represents educators, state employees and school staff members, on Monday confirmed that Fayette Circuit Judge Kim Bunnell orally sustained a motion to dismiss the lawsuit on April 26.

The lawsuit filed in February accused Brewer and KY120 of organizing “thousands of educational employees to break that law through a concerted work stoppage” on Feb. 28, 2019. It said more than 150,000 Kentucky students were affected because eight school districts were forced to cancel school that day.

The suit was filed on behalf of two parents with children enrolled in Jefferson County Public Schools, Miranda Stovall and Noor Fadel.

“Although we respect Judge Bunnell and appreciate her time, we disagree with her ruling. We will appeal the ruling and continue to fight for the children and families that were harmed by this illegal strike,” said a Monday statement from the team of attorneys, including Daniel Suhr and Patrick Hughes, which represents the parents.

The motion for the dismissal said the plaintiff’s claims were subject to a one-year statute of limitations, so “those claims are time barred, and must be dismissed.”

Nema Brewer, a multimedia specialist with the Fayette County Public Schools and co-founder of KY 120 United. The activist group formed to support teachers and public employees in response to a pension reform bill passed by Kentucky’s General Assembly last spring.
Nema Brewer, a multimedia specialist with the Fayette County Public Schools and co-founder of KY 120 United. The activist group formed to support teachers and public employees in response to a pension reform bill passed by Kentucky’s General Assembly last spring.

KY120 released a statement after the ruling that said, “Fayette Circuit Court dismissed the anti-union, anti-educator lawsuit targeting our own Nema Brewer and our union KY120-AFT.

“Judge Bunnell not only recognized the lawsuit was filed after the statue of limitations ran (out) but also recognized the essential issue that Nema Brewer and KY120-AFT members were engaging in protected free speech,“ the statement said.

“The lawsuit tried to intimidate educators from speaking out,” the statement said. “This is a message to anyone trying to silence our voices in Fayette County and throughout Kentucky. We will not be silenced or intimidated and we will always speak out and fight for our professions and our kids.”