A Maine church embroiled in a legal dispute with the Hermon School System has claimed that Drummond Woodsum—the law firm representing Hermon and numerous other public schools in Maine—intentionally withheld emails during the discovery phase. These emails, according to the church, could have demonstrated that religious discrimination influenced the school board’s decision to deny the church a rental lease.
The lawsuit, brought by The Pines Church and its pastor, Matt Gioia, accuses the school district of religious discrimination after the Hermon School Committee denied the church a long-term lease for school facilities.
As previously reported by the Maine Wire on Feb. 7, 2023, emails already in the public domain showed that one former school board, Chris McLaughlin, appeared to impose a belief-based litmus test on approval of the lease prior to making a decision.
In emails obtained by the Maine Wire, McLaughlin asked former Superintendent Micah Grant questions that appeared to demonstrate that Gioia’s Christian beliefs about human sexuality and marriage would factor into whether or not he would approve of Pines Church’s attempt to lease the public space.
“Is the Pines Church receptive of same sex marriage?” asked McLaughlin. “I’m also wondering if Matt [Gioia] can share more information on where the Pines Church stands on issues such as: access to safe and affordable abortion, access to gender affirming medical care, conversion therapy for LGBTQIA+ individuals (youths and adults), inclusive sexual education and access to birth control for youth.”
While McLaughlin’s eyebrow raising email was already public (thanks to the Maine Wire), legal filings submitted to U.S. District Court for the District of Maine in PINES CHURCH et al v. HERMON SCHOOL DEPARTMENT allege that school officials and their attorneys intentionally withheld additional emails that provided further evidence of religious discrimination.
In the legal filings, Gioia’s attorneys allege that Drummond Woodsum failed to disclose key emails that could have been pivotal in proving the church’s claims. The documents in question include communications between committee members and district officials, with at least one board member expressing unease over what they viewed as discriminatory treatment toward the church.
One of the emails, sent by school committee member Haily Keezer to then-Superintendent Grant and other officials, reads: “The district is treating a religious organization differently than the other organizations which the superintendent allows to rent the facility for a block of months at a time. Will this rental inconsistency, and discrimination make the district vulnerable to a lawsuit?”
Despite the legal obligation to provide all relevant documents, Keezer’s email was not included in the district’s discovery responses. Instead, it was discovered by Gioia months later, prompting his legal team to accuse the district of withholding evidence.
Attorney Julianne Fleischer, representing Gioia and The Pines Church, filed a motion in federal court requesting that the trial be delayed by six months and that discovery be reopened. “These emails were highly probative to our case and should have been disclosed during discovery,” Fleischer said in court filings. “The fact that they were withheld raises serious concerns about whether other crucial evidence has also been concealed.”
The lawsuit, presided over by Chief Judge Lance E. Walker, alleges that The Pines Church was denied a long-term lease for the Hermon High School auditorium due to its religious beliefs. The church, which sought a stable location after outgrowing its previous venue, was instead offered only a month-to-month agreement—an arrangement that Gioia argued was unworkable for his congregation.
Even before the discovery of the new email and what appears to be an intentional decision to withhold in the material from the court, the church’s attorneys had argued based on McLaughlin’s belief-based questioning that such inquiries demonstrate an impermissible bias against religious organizations.
Drummond Woodsum has denied any wrongdoing.
In a response to Fleischer’s request for additional discovery, lead attorney Melissa Hewey stated that the district had already provided all relevant documents. However, Fleischer maintains that the missing emails indicate a broader pattern of withholding information.
“The school district was required to turn over all communications related to The Pines Church and its lease application,” Fleischer said. “Yet, emails that directly reference concerns about discrimination were excluded.”
“This is a clear violation of discovery rules,” Fleischer said.
The case has drawn national attention from religious freedom advocates, who argue that it exemplifies government hostility toward faith-based organizations. The legal battle hinges on whether the district’s decision to deny the church a long-term lease was motivated by legitimate administrative concerns or an unconstitutional bias against its religious beliefs.
The case brought heavy scrutiny to Grant, the top-ranking school official at the time, and McLaughlin, a board member with a reputation as an outspoken progressive activist. Both men no longer hold their positions.
Nationally renowned legal experts in First Amendment law condemned the actions of Drummond Woodsum and said withholding probative material during discovery was a serious breach of legal ethics.
“The discovery obligation of a party is to turn over everything that is responsive and not covered by a proper objection or protective order,” said Kurt Schlichter, a media commentator and attorney.
“The judge should not tolerate this,” Schlichter said. “He should sanction the offending party for the cost to bring it to the court attention.”
Schlichter said that correcting the alleged breach of discovery rules would require allowing the wronged party, i.e., The Pines Church, additional time and opportunities to conduct the discovery that would have followed the newly discovered emails.
Marc Randazza, a Las Vegas-based attorney who has represented dozens of high profile clients in First Amendment cases, including clients in Maine, was more pointed in his commentary about the left-wing law firm and Hewey.
“The [Drummond Woodsum] attorney here does not strike me as being honest,” Randazza said.
“I have dealt with this attorney before, and I said in open court that I was shocked at her lack of candor,” Randazza said. “I am similarly shocked at how little candor courts in Maine seem to expect out of her.”
“If justice was equal, she would at the very least be sanctioned for her conduct,” he said.
As a tax payer I give the The Pines Church permission to use MY school facilities.
You know the jokes about sharks not attacking lawyers due to professional courtesy?
Drummond Woodsum comes to mind.
What a bunch of stereotype lawyers
“The first thing we do is, let’s kill all the lawyers.” – Dick the Butcher in Henry VI, Part II.
What a surprise that that particular law firm would do something so despicable…….oh wait, they are in the Democrats back pockets………
I heavily disagree with the wording of the 18th paragraph regarding Superintendent Grant’s departure. I know the man personally and his character is beyond reproach.