A Peoria judge has issued an injunction against harassment sought by a Peoria Unified School District board candidate on a Peoria resident.
Candidate Heather Rooks, a registered Republican, filed for the injunction Aug. 24 against Democratic activist Josh Gray for what she claims is harassment she has experienced from him during the past year.
This is not an order of protection or restraining order, but an order prohibiting harassment.
Gray says he has put in a request for a hearing to challenge the injunction.
Throughout the campaign, Gray has spoken out often against PUSD school board candidates Rooks and Devon Updegraff-Day, who Gray says have made a career out of spreading misinformation about the district and its practices.
Gray, who has a child in the district, says Rooks’ injunction and claims of harassment have been taken out of context or are a mischaracterization of information with the intent to silence him from speaking out against her campaign.
“The only interactions I have had with Heather have been at school board meetings,” he said. “I have never harassed a citizen. All I have done is stand up against far-right candidates who want to be on a school board where they can make decisions that will affect my child.”
The injunction claims three instances of harassment:
• Sept. 12, 2021: Gray made a statement on a Facebook group that “He knew I was having people over at my home and would ‘see me around,’” Rooks stated.
Gray says this was a back-and-forth on Facebook, taken out of context from a discussion with educators and parents about safety during the COVID-19 pandemic. Gray said his intended meaning was he would see Rooks at future school board meetings, which both regularly attended.
• Aug. 6, 2022: Gray shared a photo of Rooks and Updegraff-Day on his Twitter page that were “taken from afar” without her knowing, according to a court document. Separately, a different photo was posted on a Twitter account named Governor Spicy with Nazi symbols drawn on their faces “and making online threats towards us,” according to Rooks' statement in the court document. Rooks further stated Gray was also conversing with the Governor Spicy account.
"There are two separate photos. One photo was the account Governor Spicy, who drew Nazi symbols on our faces and made threats. The other photo was on Josh Gray's Twitter page. It was a photo taken from a distance of Devon and myself in a parking lot of a school. We were not aware of the photo being taken and how Josh ended up with the photo on his page," Rooks told the Peoria Independent in an email.
Gray “has made other remarks online that is stalker-like and at Peoria school board meetings where I attend with other moms,” she stated in the court document.
Gray said statements were taken out of context and he had nothing to do with the photo alterations.
• Aug. 7, 2022: Rooks claims from private Facebook group Peoria Drives Change on this date posts from Gray stated he “was wanting to come to my home, and school district employees were sharing my address with him.... Other (PUSD) employees were discussing things about my children from their school with him.”
Gray stated this claim is not accurate, and that none of his statements against Rooks are personal, rather it is about her candidacy and the decisions she and Updegraff-Day will make if elected to the board.
“I never, never posted their address. I was never going to stop at their house. I have no desire to do that. I’m not that type of person,” he said. “This is not personal for me, it is about their candidacy.”
Arizona state law defines harassment as a series of acts over any period of time directed at a specific person that would cause “a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose.”
The definition also includes unlawful picketing, trespassory assembly, unlawful mass assembly and concerted interference with lawful exercise of business activity.
Rooks filed a statement of organization with Maricopa County March 10, 2022, making her address and interest to run for the Peoria Unified school board public.
The online conversations in the court document are only a taste of the conflict that has occurred during the past year or so between Gray and the Rooks/Updegraff-Day slate, in a climate that has continued to heat up for two open seats on the Peoria Unified School District governing board.
One other candidate, Melissa Ewing, is also running for one of the two seats in this non-partisan school board election.
Gray said he did not show up to the initial court date Sept. 1 because he didn’t receive the order in the mail until it was too late. Consequently, the judge ordered the injunction that day. Gray said the letter for the Sept. 1 court date was postmarked Aug. 25 and he said he did not receive the letter until Sept. 4 or Sept. 5.
He has since hired a lawyer and filed for a hearing to challenge the injunction. A court date has not yet been set.
“I’m really angry I missed the court date,” Gray said. “At this point I haven’t been able to defend myself, but I am going to fight it.”
The court ordered it found “reasonable evidence of harassment or that great or irreparable harm would result if this injunction is not granted before defendant can be heard in opposition, and there are specific facts attesting to efforts to give notice to defendant or there are reasons why notice should not be given.”
Under the order, Gray shall not commit any act of harassment against Rooks and that he shall have no contact with Rooks except through attorneys, legal process, court hearings, and shall not go to or near Rooks’ residence, the document states.
The court document goes on to state that if Gray disagrees with the injunction, he has a right to request a hearing, however, even if Rooks initiates contact, Gray could be arrested and prosecuted for violating the order.
Philip Haldiman can be reached at phaldiman@iniusa.org, or on Twitter @philiphaldiman.
Meet Philip Haldiman is an award-winning journalist who most recently took first place for investigative reporting in 2023 from Arizona Newspapers Association. He joined Independent Newsmedia, Inc., USA, in 2015, covering Sun City West his first year. Since 2016, he has covered the city of Peoria. Prior to coming to INI, he was a reporter with The Arizona Republic for seven years, covering numerous cities throughout the Valley. Before that, he was a freelance writer.
Community: Haldiman spearheads the Peoria Independent Hometown Heroes Awards program, honoring local individuals and businesses that give back to the community. He has hosted local candidate forums over the years and is a member of the Society of Professional Journalists. Haldiman also served as a member of the Journalism Program Community Advisory Board at Glendale Community College. Outside journalism, Haldiman served as a member of the city of Peoria Complete Count Committee for the Census, 2019-2020. Lastly, he has served as a member of his HOA governing board since 2021.
Education: Arizona State University with a BA in Journalism and Mass Communications and a BA in Theater.
Random Fact: Haldiman is a fourth-generation Arizonan as well as wrote and produced an autobiographical comic book about his time spent in Hollywood and his life as a cult film star.
Hobbies: He enjoys hiking Arizona’s mountainous landscapes and is currently working on a play for the stage.
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