MIDLAND, Mich. — The Mackinac Center for Public Policy has helped a Rhode Island public school teacher get justice from a district that retaliated against him when he exercised his right to opt out of paying union dues. West Warwick Public Schools and the Town of West Warwick agreed to settle John Lancellotta’s lawsuit for $60,000, although the district denies any wrongdoing. The case was officially dismissed today.

The Mackinac Center, along with Rhode Island attorney Joseph Larisa, Jr., filed a federal lawsuit on behalf of John Lancellotta in December 2022. The suit argued that the West Warwick Public Schools violated Lancellotta’s First and Fourteenth Amendment rights by effectively firing him after his decision to leave the union.

After a 12-year teaching career in a different district, Lancellotta began teaching Spanish and Italian for West Warwick Public Schools in 2018. Throughout his time at the district, he received glowing performance reviews and had no complaints from students, parents, or colleagues. However, after he made clear his desire to leave the union in February 2019, the president of the union, the West Warwick Teachers’ Alliance, warned Lancellotta that the district had not employed or “carried” a non-union member in almost three decades.

Lancellotta initially remained in the union after a meeting with his department head, but he ultimately resigned his membership in December 2019. Although Lancellotta received "highly effective" ratings in his most recent evaluations, the district did not renew his contract, a move that effectively terminated his employment. This decision appeared to be driven by his resignation from the union.

An appeal to the school board revealed that school officials had based their decision to terminate solely on the recommendation of Lancellotta’s department head, a union committee member. The appeal also uncovered troubling collaboration between the school’s attorneys and the union’s legal team.

“This case underscores the importance of protecting teachers’ constitutional rights,” said Derk Wilcox, senior attorney for the Mackinac Center. “No teacher should be misled into thinking union membership is mandatory, and no teacher should be fired or penalized for opting out. This settlement is a significant victory, sending a strong message that public employees’ rights must be respected.”

Learn more information about this case here.