Judge denies LESD board member's restraining order against parent

Heckling a public official in an open meeting is an American tradition.”

Superior Court Commissioner Julie LaFave

By Madeline Ackley
Twitter: @Mkayackley

A Maricopa County Superior Court commissioner has denied a Litchfield Elementary School District board member's appeal for a restraining order on Tuesday. 

Board member Jeremy Hoenack sought a restraining order against Daniel Quist, an LESD parent who heckled Hoenack at two district governing board meetings in March and April.

Superior Court Commissioner Julie LaFave dismissed the 10 counts brought against Quist stating Hoenack “cites no case or legal authority in support of his arguments" and that he “devotes significant portions of its argument to issues that are not the subject of the appeal.” 

Hoenack initially filed for a restraining order in Buckeye Municipal Court, but it was dismissed. 

Court documents show Hoenack’s claims are based on Quist repeatedly shouting “pedo” at the public meetings and otherwise “indicated (Hoenack) was a pedophile,” the court documents read.

Hoenack provided two witnesses who remember Quist shouting these words, though, “It is not possible to tell from the audio provided to this court what was yelled during the time,” the decision read.

Quist also confronted Hoenack about failing to produce documents, the court decision shows.  

The court concluded that even if Hoenack could prove without a doubt that Quist had called him a pedophile, that alone would not be the basis for a restraining order. 

“Heckling a public official in an open meeting is an American tradition.”

“The speech,” the court ruled, “while upsetting to (Hoenack), was public and not directed at (Hoenack).”

The court further ruled Quist’s right to free speech triumphed Hoenack’s concern for harassment. 

“There is no dispute (Quist’s) conduct at the board meetings was, at its most generous, disruptive. It is likely that was the intent of his speech,” LaFave wrote in her decision. She concluded that, “heckling a public official in an open meeting is an American tradition.”

Hoenack was elected to the LESD governing board in November 2020 and began serving in January. Since then, his statements as a board member have generated controversy, which has largely died down as the year has progressed.

Hoenack came out against the district’s equity statement, which was largely crafted behind closed doors, accusing the district of attempting to sneak critical race theory into the curriculum.

Around the same time, parents and community members began packing LESD governing board meetings, both for and against the equity statement.

Hoenack was himself the subject of an injunction against harassment. Former board member Dr. Tara Armstead obtained the injunction last May after Hoenack had sent emails to district parents claiming Armstead was “a cop-hater and BLM-supporter,” a liar and a “thug,” attacks on her character that she said had caused her to fear for her safety.

Armstead, the body’s sole Black member, resigned her position in August after just five months on the board.

Madeline Ackley can be reached at mackley@iniusa.org or found on Twitter @Mkayackley.