SALT LAKE CITY — Granite School District has agreed to settle a lawsuit involving a state lawmaker who says his daughter was mistreated on her way to school.
The case will cost taxpayers across the state of Utah a total of $315,000.
It stems from an incident on January 10, 2022 – the first Monday after Salt Lake County renewed its mask mandate.
Rep. Matt MacPherson (R-West Valley City) said he contacted Granite to let the district know about the importance of honoring his daughter’s medical exemption due to severe mental illness.
Out of an abundance of caution, MacPherson said he accompanied his children to the bus stop.
Video from the bus shows the girl and her siblings telling the bus driver she has a medical exemption.
The bus driver called her boss on the radio.
MacPherson took out his cell phone to record.
“They said they’re exempt,” the bus driver says.
“If they try to get on the bus, we just wait for them to get off the bus or put a mask on,” said David Gatti, the director of transportation for Granite School District.
The video shows MacPherson repeatedly telling the bus driver to inform Gatti that the children are already exempt. Gatti responded with instructions on how to obtain an exemption.
Granite conducted an investigation but found no violations of policy, instead calling it “a mistake based on poor communication.”
The district also apologized.
“I was NEVER made aware of the issues he claims I was made aware of," Gatti wrote on Facebook. "I did not understand the part said about the exemption. That is on me. My mistake. It was not intentional. Again, ALL kids are welcome to ride that have an exemption. We 100% support that."
The incident occurred prior to MacPherson being elected to the Utah House of Representatives.
“We were intent on filing complaints and going no further,” MacPherson said.
But the case did go further... eventually turning into a three-year legal battle.
First, MacPherson posted his concerns on Facebook.
The district said he exaggerated what happened by posting that his daughter was “removed by force.”
Gatti filed a defamation lawsuit MacPherson.
A judge dismissed the lawsuit.
MacPherson filed a countersuit, stating his ability to voice concerns is protected by the First Amendment.
According to the countersuit, MacPherson was also upset because of an incident on January 11, 2022. He says he and his wife were invited to the Granite School District offices to watch video of what happened to their daughter inside the bus.
When they arrived, the MacPherson family was promptly asked to leave. Officers with the Granite Police Department threatened to trespass MacPherson from the public building.
“So (Gatti) invited us down here so he could kick us out?” asked Nicole MacPherson.
The district later made accommodations for the family to view the video.
“(The bus driver) ushered your children from the bus in accordance with her training with patience and respect," wrote Doug Larson, the director of policy and legal services for Granite School District. "On one occasion, her hand came close and may have brushed the wrist of one of your kids. However, she did not grab the students, she did not yell at students, she was not angry, and she certainly did not injure any students."
The district stated it is “taking a critical look at its communications process to ensure bus drivers are informed sooner and more comprehensively about the needs of students riding their busses with respect to COVID-19 protocols.”
The bus driver was not named in the lawsuit.
Prosecutors reviewed the case but declined to press charges.
One of the individuals named in MacPherson’s countersuit was Ben Horsley.
At the time, Horsley was the communications director for Granite School District.
He is now the superintendent.
Some of Horsley’s text messages were obtained in discovery.
MacPherson read some of the messages out loud. He believes the messages show Horsley tried to contact specific reporters or media outlets in an effort to embarrass or otherwise put pressure on his family.
- “If he pursues it, we’re going to go to the media and get aggressive.”
- “Do you want to share publicly and humiliate this guy for being a putz?”
In response, Horsley said he regretted sending the message.
"In this case I was making light of a situation and circumstance that was very frustrating to us, so I regret the comment."
The $315,000 settlement shows neither side admitted wrongdoing. The district said it agreed to settle "solely for the purpose of settling the dispute and to avoid the expense of further litigation."
“Do you think they would have treated you this way if you were a state lawmaker at the time?” asked FOX 13 News investigative reporter Adam Herbets.
“I don’t think so at all,” MacPherson said. “I’ve had far more transparency and access now. I’m trying the best I can to extend that to every other parent that talks to me if they’ve got a similar issue.”
MacPherson said the case inspired him to run for office and push for more government transparency.
"The relationship between Granite School District and (Rep.) MacPherson has been collaborative and amicable, and we appreciate the opportunity to continue to work with him on matters impacting our students and families,” wrote a spokesperson for the district.
MacPherson said his daughter’s health suffered as a result of this incident, but it has since improved greatly. The family is looking forward to putting the ordeal behind them.