Maine Drops Lawsuit Against USDA, $3M Federal Funding Freeze Lifted

It appears Maine Attorney General Aaron Frey has been taking counsel from the late troubadour Kenny Rogers, who famously sang: “You gotta know when to hold ’em, know when to fold ’em/Know when to walk away…,” according to a Joint Status Report filed with the U.S. District Court for the District of Maine which indicates the state is dropping its suit against the U.S. Department of Agriculture (USDA).

In return for Maine’s dropping its lawsuit, the USDA agreed to lift its freeze on $3 million of funding, multiple sources reported. The settlement appears to bring an end to one of multiple sanctions the federal government has imposed on Maine in recent months for refusing to comply anti-discrimination requirements in education.

USDA froze part of its funding to Maine relating to educational programs a month ago because, the agriculture department said at the time, Maine was not in compliance with with Title IX of the 1972 Education Act, specifically regarding the participation of biological males in female school sports.

[RELATED: USDA Freezes Part of Maine’s Federal Funding over Transgender Athlete Policy]

AG Frey filed a motion for an injunction against the federal government’s freezing order in early April, and three weeks ago Portland-based U.S. District Court Judge John Woodcock ruled the federal agency had not followed its own procedures in putting a hold on the funds.

[RELATED: AG Frey Sues USDA Over Freeze on Federal Funding Following Maine’s Refusal to Ban Males from Girls’ Sports]

A similar back-and-forth played out in March, albeit without court action, when USDA put a hold on funding to the University of Maine, but then lifted it when UMaine demonstrated that it had in fact adhered to Title IX.

Meanwhile, the U.S. Department of Justice civil action against Maine’s Department of Education over the same question remains in effect.

This is a developing story and The Maine Wire will continue to update it.