A federal judge has denied Shayma Alzubi’s request for immediate reinstatement as principal of Western Hills High School, finding at this stage that Fort Worth ISD did not take an adverse employment action when it reassigned her to a higher-paying district role.
The ruling is the latest development in a controversy first reported by The Dallas Express on May 26 after DX obtained social media posts tied to Alzubi’s Facebook account and requested comment from the district. The posts addressed Sharia, Black Lives Matter, DACA, Palestine, and FWISD’s COVID-19 mask policy.
Judge says safety outweighed job preference
U.S. District Judge Mark Pittman denied Alzubi’s renewed motion for a preliminary injunction on Tuesday. The ruling does not dismiss her lawsuit, which alleges First Amendment retaliation and unequal treatment based on religion and national origin under the Fourteenth Amendment.
Pittman found Alzubi was unlikely to prevail on her retaliation claim because the reassignment did not amount to an adverse employment action. The court said her contract allowed FWISD to reassign her. The Principal Program Administrator role carries a $130,000 annual salary, compared with $120,849.06 for the Western Hills job, as previously reported by The Dallas Express.
Alzubi told the court she did not accept the proposed district job and argued that it was less prestigious and would remove her from a student-facing campus role. Pittman concluded that a reasonable employee would likely view the higher-paying position as a promotion.
Court records show FWISD received a postcard threatening sexual violence against Alzubi and others and a phone call threatening physical violence against a staff member. Pittman found the threats disrupted district safety and efficiency and supported the reassignment. FWISD notified Alzubi on July 15 that its investigation did not substantiate a violation of district rules or state policy.
“Alzubi is not a scapegoat, nor has she lost her freedom of speech,” Pittman wrote. “Alzubi made posts on her personal social media account, which received a negative public response upon the public announcement of her new role. The backlash not only puts Alzubi in danger, but also her coworkers and students.”
“Alzubi is within her right to post whatever she wants, but the District is also well within its right to put the overall safety of its community over a single individual’s professional preferences,” Pittman added.
Hall calls ruling a defeat for CAIR
Attorneys with the CAIR Legal Defense Fund represent Alzubi in the lawsuit. Her amended complaint accuses FWISD of retaliating against constitutionally protected speech and treating her differently because she is Muslim and of Palestinian national origin.
The case comes months after Gov. Greg Abbott designated CAIR and the Muslim Brotherhood as foreign terrorist organizations and transnational criminal organizations under Texas law. CAIR has denied terror-related allegations and disputed Abbott’s designation.
State Board of Education member Brandon Hall (R-District 11) praised the decision in a statement to The Dallas Express.
“This ruling is a major defeat for CAIR, which sought to use a frivolous lawsuit to force FWISD to reinstate Shayma Alzubi as principal,” Hall said.
“It is also a victory for students, who will be protected from Shayma Alzubi’s extremist activism, and a symbolic win in the fight against the Islamification of Texas.”
The underlying case remains active. Pittman’s order only rejects Alzubi’s request for immediate reinstatement while the litigation proceeds. Alzubi’s attorney and an FWISD spokesperson did not immediately respond to requests for comment, according to the Fort Worth Report.
Provided by Dallas Express
