North Carolina Father Sues School District Over Bathroom Access Policy Transparency

Brandon Matthews, a parent in the Cabarrus County school system, has initiated federal litigation against the district after school officials declined to answer his inquiries about sex-separated bathroom policies. Matthews, whose daughter attends Mount Pleasant Elementary School and son is entering his senior year at Mount Pleasant High School, requested information from both principals in May regarding potential access to restrooms and locker rooms by students of the opposite biological sex.

The lawsuit, filed in the Middle District of North Carolina and supported by America First Legal Foundation, names the Cabarrus County Board of Education, Superintendent Dr. John Kopicki, and both school principals as defendants. Matthews has not alleged that any specific incident has occurred at his daughter’s elementary school but contends he cannot determine whether district policy permits or has permitted such bathroom access.

Both school principals responded identically in June, citing student confidentiality rules and declining to provide advance notice or confirm whether any students had been granted access to opposite-sex facilities. The elementary principal stated that because matters involving students are confidential, the school “cannot confirm, disclose, or provide advance notice regarding the status, identity, or accommodations of any particular student.”

Matthews’ legal team argues the response circumvents his request, which did not seek identification of any individual student but rather sought clarification of district policy and general practice. His preliminary injunction motion asks the court to require disclosure of written policies governing sex-separated facilities and whether opposite-sex individuals have accessed or are permitted to access spaces used by his children.

In his sworn declaration, Matthews asserts his religious beliefs hold that sex is immutable and that his children should not be required to use intimate facilities in the presence of opposite-sex individuals. He seeks advance notice and an opportunity to remove his children from such shared spaces before any requirement to use them arises.

An April school board meeting revealed the district addresses bathroom situations on a case-by-case basis with the stated goal of addressing concerns of all students and families, according to court documents. The district did not immediately respond to requests for comment regarding the lawsuit or its specific bathroom and locker room policies.

America First Legal Foundation has filed a separate lawsuit against the same district involving allegations that female students at Cox Mill High School were required to share restrooms and locker rooms with a biological male student. That case involves different students and allegations and remains distinct from Matthews’ claims.

The case relies on legal principles from the Supreme Court’s decision in Mahmoud v. Taylor, which involved parental notice and opt-out rights regarding LGBT classroom instruction on religious grounds. Matthews’ attorneys argue that if parents possess constitutional rights to notice in educational contexts involving their religious beliefs, the same protections should extend to shared intimate facilities.