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‘Incredibly unfair, illegal’: Rochester school trustee sues district over alleged free speech retaliation

Rochester Community Schools confirmed it’s aware of a complaint filed through the 52nd District Court

ROCHESTER, Mich. – A legal dispute is unfolding in Rochester as a community school trustee sues her own district, alleging she was punished for speaking publicly about a potential county-wide tax increase.

Carol Beth Litkouhi claims the school board censured her and removed her from committees after she wrote an op-ed discussing the tax implications of the proposed millage.

Rochester Community Schools confirmed it is aware of a complaint filed Feb. 3, 2026, through the 52nd District Court for Oakland County.

The district said it is premature to discuss potential litigation.

“Rochester Community Schools will continue to move forward with great purpose and resolve to provide the highest quality education possible in a caring atmosphere so students can attain the necessary skills and knowledge to become lifelong learners and contribute to a diverse, interdependent, and changing world,” the district said in a statement.

Litkouhi says the school board has imposed increasing restrictions on trustees since November.

She says a Jan. 12 change to the board handbook eliminated trustees’ ability to approve meeting agendas and removed their opportunity to make comments during meetings.

Additionally, individual trustees can no longer access information unless other trustees support their requests, Litkouhi said.

Her attorney, Derk Wilcox of the Mackinac Center Legal Foundation, called the censure and committee removals retaliation and illegal.

“We don’t get to say that before speaking with constituents in the public, you need to get pre-approved from the board majority. That’s simply not the way it works in our system of government. It’s incredibly unfair and illegal,” Wilcox said.

The dispute centers on Litkouhi’s op-ed in the Detroit News about the county-wide millage and its potential tax impact. She said families and taxpayers deserve honest information about decisions affecting them.

“Our families and taxpayers deserve to have honest information on decisions that affect them, whether it has to do with kids or their wallets. It’s wrong to punish a trustee for sharing public information,” Litkouhi said.

Litkouhi said the lawsuit is about protecting her free speech rights and those of other elected leaders.

“If this is allowed to stand, other school districts will follow suit, and that has huge implications if other school districts can decide to wave a magic wand and declare any information confidential,” Litkouhi said.


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