Pushback: Blacklisted Virginia Tech soccer player wins $100K settlement

Kiersten Hening, blacklisted by Virginia Tech
Kiersten Hening

Bring a gun to a knife fight: Kiersten Hening, a former Virginia Tech student and soccer player, has won a $100k settlement from the university and her former coach, Charles Adair, for blacklisting her from the team because she refused to kneel in support of Black Lives Matter during the National Anthem before a game.

In December Adair had lost in his attempt to obtain qualified immunity, and thus he became personally liable for his improper and discriminatory actions against Hening that violated her first amendment rights. Rather than allow the case to go before a jury, it appears Adair and the university negotiated a settlement. And while the settlement terms have not been made public, and Adair’s comments to the press try to imply that he got off scot free, this comment by one of Hening’s lawyer gives us a hint:

Attorney Adam Mortara tweeted in reply to Adair’s statement: “If by clarity you mean you are paying my client six figures in a settlement then you’re right that’s pretty clear. Honestly, Coach, read the Court’s opinion. You are paying. Defendants don’t pay in cases that have no standing.”

Mortara went on to thank Adair and his “bosses at Tech for paying the equivalent of several years of tuition.”

Whether this is a victory for free speech remains very unclear, however. Even if Adair did pay up, he remains the soccer coach at Virginia Tech, and clearly has the support not only of the administration but the women’s soccer community there:
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Pushback: Blacklisting Virginia Tech soccer coach loses effort to get lawsuit dismissed

Kiersten Hening, blacklisted by Virginia Tech
Kiersten Hening

Bring a gun to a knife fight: Charles Adair, the soccer coach for the woman’s team at Virginia Tech, has lost in his effort to dismiss a lawsuit against him by former player, Kiersten Hening, who he blacklisted from playing because she refused to kneel in support of Black Lives Matter during the National Anthem before a game.

Hening filed a lawsuit against Virginia Tech and Coach Adair in 2021 but Virginia Tech immediately attempted to file a motion to have the suit tossed. The athlete stated that when she refused to take part in the kneeling, which at the time was a virtue signal statement indicating public support for the Black Lives Matter movement, Adair began to insult and demean her as well as limiting her time to play during matches.

According to [U.S. District Judge Thomas T. Cullen], “Hening, who had been a major on-field contributor for two years prior to the 2020 season, also asserts that Adair removed her from the starting lineup or the next two games and drastically reduced her playing time in those games because she had engaged in this protected First Amendment activity. As a result, Hening resigned from the team after the third game of the season.” [emphasis mine]

You can read Cullen’s full decision here [pdf].

Cullen’s decision is intriguing not only because he not only threw out Adair’s effort to get the lawsuit dismissed, he also threw out Adair’s claim that he deserves “qualified immunity” as a public official. » Read more