UPDATE: USAFA Athletic Director Apologizes to Grad "Wearing Keep Women's Sports Female" Shirt

From Mike Rose
Mike Rose Law Firm, PC
STARRS Executive Vice President and General Counsel

Please find in the screenshot below an apology to John Kopecky, USAFA 2002 and my law client, from Air Force Academy Athletic Director Nathan Pines, regarding the incident at the AFA-San Jose State Women’s Volleyball game at the AFA on Oct. 21, 2023, described at the following link: Air Force Stops Fan Wearing ‘Keep Women’s Sports Female’ Shirt During SJSU Match | OutKick.

As described in the article at that link,

“OutKick obtained exclusive video footage that showed security officials at the Air Force Academy preventing a fan [John Kopecky] from wearing a shirt that said “Keep Women’s Sports Female” during a match against San Jose State and transgender player Blaire Fleming.”

Upon reading that article on Oct. 21, I quickly distributed an email expressing my opinion that it was inconsistent/hypocritical for the AFA to allow AFA football coaches to create and distribute a video praising Black Lives Matter in 2020 because, according to an AF Inspector General finding, the BLM video was not “political,” but to prevent John Kopecky from wearing a shirt at a public AFA sports event saying “Keep Women’s Sports Female” because the AFA considered that statement to be “political.”

This inconsistency made it appear to some that a matter was allowed as not political when the AFA liked the viewpoint but prohibited as political when the AFA did not like the viewpoint.

That would appear to be “viewpoint discrimination” in violation of the First Amendment.

This apology by Athletic Directors Nathan Pines on behalf of the AFA is extraordinary and to be commended. It will be officially accepted by John soon.

I have expressed for years regret at having to publicly embarrass or sue our government to get it to acknowledge and correct/stop mistakes/law violations, when the government agency involved, often the military and even the AFA, would not simply admit its mistake and promise not to repeat it.

When the government agency admits its mistake and promises not to repeat it, there is no value in complaining about the past further.

This apology by Director Pines and the AFA will enable all to move past this incident. John is satisfied by this apology and does not desire to hurt the reputation of the Air Force Academy further.

I personally applaud this apology and the promise to not repeat this mistake, and encourage the AFA to admit and apologize for errors and promise not to repeat them in the future when it in good conscience can do so.

It would be healthy/good for our country if government agencies admitted fault when appropriate instead of reflexively denying guilt and leaving uncertain whether wrongful behavior will be repeated if not legally challenged.

Thank you Director Pines and the Air Force Academy.