JAY — While members of the public spoke Dec. 11 in favor of the Regional School Unit 73 board of directors rescinding its transgender sports policy, board members defended their July vote to recognize only two genders.

The board spent some of the meeting listening to extended public comment on its policy. It was the board’s first public session since its 9-4 vote on Dec. 5 to keep it in place, and residents delivered detailed warnings about legal risk, financial cost and transparency while several directors offered strong defenses of the district’s position.

Much of the meeting focused on Policy ACDC, which defines students as male or female for athletic participation and access to private spaces.

Jane Costa, of Jay, criticized the district’s financial exposure.

“We’ve already paid $300 that we didn’t have to pay,” she said, referencing an invoice from Steve Smith Trial Lawyers for an initial consult. Holding up the district’s signed legal engagement letter, she said, “This is a very open-ended contract. And I can see this running into thousands and thousands of dollars.”

Costa presented a copy of her property taxes for 2025-26.

“It says 55.980, this will round up to 56%, of my total property taxes go to RSU 73,” she said. She told the board that is why she is “concerned about what’s happening with Policy ACDC.”

Costa noted that RSU 73 is one of only six districts in the state to adopt such a policy.

“That’s approximately 2%,” she said. “The other 98% of school districts in Maine have decided to follow the law and let the courts make a decision.”

Costa highlighted the contract’s nonrefundable $5,000 retainer.

According to the district’s Hourly Fee Agreement and Engagement Letter, RSU 73’s outside counsel will bill a $5,000 advance retainer and charge hourly rates ranging from $275 for lead attorney John E. Baldacci Jr. to $250-$400 for additional attorneys, plus paralegal fees and travel time. The contract also allows the firm to request additional advance payments as the case approaches trial, outlining a litigation commitment that could expand depending on how long proceedings continue.

“I’m pretty sure there is no one in this room making $400 an hour, not even my doctor,” Costa said. “… Let’s think this through. It is too costly. We don’t have to pay this. We don’t have to take all this expense on. All we have to do is rescind the policy.”

ETHICS, TRANSPARENCY

Linda Deane, of Livermore, told the board the district’s actions have created broader questions about transparency and ethics.

“I’m speaking tonight because the board’s decision to keep this unlawful policy and to accept outside funding from the Alliance Defending Freedom to fight the Maine Human Rights Commission raises serious ethical concerns for our district,” she said.

Deane cited Maine School Boards Association standards reminding members that “honesty, trust, fairness and integrity must guide every decision” and that board members “must not use their position to benefit themselves, their friends or special interest groups.”

She also raised concerns about communication among the board.

“Several board members looked genuinely surprised to hear” that board Chair Shari Ouellette had been on a Zoom call with other districts involved in litigation, she said.

“When board members are learning critical information at the same time as the public, that raises serious questions about transparency and whether the board is being given the information it needs to function responsibly,” Deane said.

Deane encouraged the board to change course.

“I urge you once again to rescind this policy, reject outside influence and return to acting in the best interests of every student in RSU 73,” she said.

Resident Nathan Hiltz underscored how deeply entrenched both sides have become, saying both supporters and opponents have decided this is “a hill they are willing to die on.”

DEFENDING THE POLICY

Director Holly Morris offered a detailed statement thanking supporters of the transgender policy.

“I would like to thank the community for all the support we have received,” she said. “Thank you for standing with our RSU 73 lady athletes. Thank you, Mike Soboleski, Sheila Lyman, Paul LePage, Laurel Libby and many others.”

Morris offered thanks to the other districts who are also involved in the Maine Human Rights Commission lawsuit and members of the public who have gotten involved.

“Thank you to the people who signed petitions and gathered signatures on petitions. We will continue to fight for our girls at RSU 73.”

Director Don Emery challenged the idea that public support leans against the board’s position.

“Opponents of the newly revised policy said because the same few people keep showing up to speak in favor of allowing boys to participate in girls sports that the majority of our community supports this,” Emery said. “This statement is simply not true and not backed up by a broader public opinion.”

Emery cited national polling.

“Multiple recent national polls, including a New York Times survey, found that 79% of Americans believe that biological males should not be allowed to compete in female sports,” he said. “These aren’t fringe views.”

He said the policy aligns with principles of fairness and student safety.

“Doing the right thing is not always easy,” Emery said. “Our kids deserve leadership that doesn’t shy away from standing up when they see wrongs being done, even when it’s difficult or controversial.”