Introduction
Public schools are not laboratories for politicians to run “social justice” experiments on the lives of young children. And no matter what, the people in charge of schools are accountable to the public. When parents tell them they are getting things wrong, their job is to listen, learn, and change course … at least, that’s how it should be…
But, in Denver, Colorado, not everyone sees it that way. In 2023, after incidents of tragic violence rocked the public schools, Kristen Fry—a mother and stepmother to three students—and many other parents and community members began to speak out and to demand change.
Rather than listening, the Board and its allies smeared parents as “racist” for opposing their policies, and fired a middle school principal who blew the whistle on dangerous conditions in his school.
But they reserved the worst for Kristen Fry—hitting her with false criminal charges, pushing a campaign of defamation and public shaming against her, and making her life a living nightmare.
We’ve seen this playbook before. It is a lot like siccing the FBI on concerned parents attending school board meetings or labeling them “domestic terrorists.”
Luckily, Kristen was cleared of the criminal charges, but only after she forced the District to turn over video evidence to prove her innocence, which the District had been keeping from her.
But the damage was already done. And not only to Kristen. Attacking Kristen meant that other parents better keep quiet.
Our Client: The Parent We All Know
Kristen Fry is not just a name in a court case; she’s a neighbor, a friend, and a mother who believes in the right to raise her children in a safe and nurturing environment. Residing in Denver, Colorado, Kristen has always been actively involved in her children’s education. However, as Denver Public Schools (DPS) leadership began implementing radical changes in the name of “equity,” Kristen grew alarmed. The District’s removal of public safety officers, the weakening of disciplinary policies, and the overall degradation of the learning environment became too much to bear. The last straw came with two separate tragic shootings at East High School in early 2023, one killing a student and the other critically wounding two administrators.
Determined to protect her children and their peers, Kristen joined parent advocacy groups, rallying against DPS policies that put students at risk. She believed in the power of democracy, and that as a concerned parent, she had the right to question and influence the decisions of those in power. But the DPS Board had other plans.
Our Opponents: A Vindictive School District
The complaint alleges that four members of the DPS Board of Education—Auton’Tai Anderson, Scott Esserman, Michelle Quattlebaum, and Xochitl Gaytan—along with politically connected consultants, orchestrated a chilling campaign against Kristen. The complaint lays out how these defendants have a history of retaliating against anyone who dares to speak out.
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The Battle
Kristen Fry embodies the best traditions of American democracy. She believed in her right—her duty—to speak out against the failings of a public institution. Yet, instead of being met with dialogue, the complaint explains how she was met with harsh retaliation.
DPS, furious that its policies were being questioned, first fired a highly-effective middle school principal who dared to speak to the media to highlight the deteriorating safety and security conditions of his school. When Kristen and other parents rallied around him, DPS escalated .
In 2023, during a public comment session about the District’s policy failures, the atmosphere was charged. The complaint alleges that DPS operatives repeatedly disrupted the meeting, attempting to intimidate concerned parents. And the complaint alleges that their allies on the DPS Board did nothing to stop the abuse, even though it happened right in front of them.
When Kristen politely asked the hecklers to please respect other speakers, one defendant erupted, shouting that Kristen had called him the n-word (though he didn’t say “n-word,” he used the word itself) right there in public during an official Board of Education meeting, says the complaint. And he didn’t stop there; our complaint alleges he escalated, claiming that Kristen had physically assaulted him and committed a violent hate crime against him. Soon, Kristen found herself publicly smeared as a “racist” by both DPS Board members and by their operatives.
What ensued was nothing short of a nightmare for Kristen. We allege that members of the Board and their operatives relentlessly echoed these false accusations in official meetings, on social media, and in podcasts. Kristen faced false criminal charges, was banned from attending school board sessions, and was stripped of her volunteer roles in the public schools.
For months, DPS didn’t provide Kristen with video evidence that proved she was innocent. When Kristen’s criminal defense team was finally able to force DPS to hand over the videos, everyone could see for themselves what she had always known – there was no assault, the accusations against her were false, and the charges had to be dismissed.
Kristen is not a public figure or a political activist with an agenda. She’s a mother, just like any other, who cares deeply about her children’s safety and education. She’s the kind of mom who volunteers at school events, attends PTA meetings, and takes time out of her already busy schedule to ensure that her kids, and all kids, have a safe place to learn.
Our complaint alleges that the defendants in this case took aim at Kristen not because she was a heavyweight political enemy or some kind of lightning rod for controversy. Instead, the complaint alleges that they attacked Kristen because she is not any of those things. If Kristen’s life could be turned upside down merely for mild attempts to influence local school board policy, then no-one is safe.
Kristen did not seek out this fight. It landed on her like a ton of bricks. But now that she is in the fight, she intends to win. Mountain States Legal Foundation stands with Kristen Fry, and we will fight until justice is served. We seek an injunction to prevent any further retaliation and demand that those responsible are held accountable for their actions. This victory will be more than just Kristen’s—it will be a victory for every parent, every citizen, and for the First Amendment itself.
What’s at Stake?
This case is not just about Kristen Fry; it’s about every parent, every citizen who believes in the right to participate in our democracy without fear of retribution. The fact that DPS and its allies allegedly went so far as to pursue a fabricated criminal prosecution against Kristen is beyond reprehensible—it’s terrifying.
Kristen’s family has suffered immensely—financially, emotionally, and reputationally. But this fight isn’t over. Kristen is seeking a federal court order to ensure that DPS and its allies are never allowed to retaliate against another parent for speaking out. She is also seeking compensation for the damages she has endured.
What This Means for America
This lawsuit sends a clear message: School boards cannot get away with retaliating against citizens for exercising their First Amendment rights. This case isn’t just about one mother’s fight; it’s about protecting the very principles of free speech and democracy in America.
Case Timeline
- August 2024: Mountain States filed complaint on behalf of Kristen Fry
- October 2024: Two defendants filed a Motion to Dismiss
- October 2024: Mountain States filed an opposition to the motions to dismiss submitted by the two defendants.
- November 2024: The remaining defendant’s file Motion to Dismiss
- July 16, 2025: A discovery conference was held to discuss the status of the case, discovery disputes, and current pending motions.
- August 22, 2025: United States Magistrate Judge files a recommendation stating that the defendant’s motions to dismiss should be denied.
- September 30, 2025: The United States District Court for the District of Colorado files an order adopting the United States Magistrate Judge’s recommendation, effectively denying the defendant’s motions to dismiss.
