A civil rights lawsuit filed by an ousted member of the Duluth School Board has been ordered back into mediation after the first round of settlement negotiations failed.

Art Johnston was removed from the Duluth School Board last year after an internal investigation found cause, citing complaints from other board members including allegations of assault, conflicts of interest, violations of the board’s code of ethics, and abuse of authority. Johnston filed a lawsuit shortly afterwards alleging that his First and Fourteenth Amendment rights had been violated, specifically that his right to free speech had been “chilled” by the board as well as his right to associate “freely in his domestic concerns.” He is also arguing that the code of ethics used to push him off the board is unconstitutional, citing the language that states members of the board should“refrain from disparaging remarks about other board members.”

The board argues it never attempted to stifle Johnston’s freedom of speech or association, but rather reacted to clear ethical violations. However, Johnston’s attorney points out that much of the language in the resolution removing Johnston from the board pertains to disparaging statements he made about other board members and Superintendent Bill Gronseth.

Johnston is also accused of shoving Superintendent Gronseth and behaved in a threatening manner towards board chairman Mike Miernicki.

Johnston has made no public comment about the mediation order, but the school board issued a statement welcoming mediation and anticipating a “mutually acceptable resolution.”