Update: Fresno Unified Board President Veva Islas told GV Wire after this story’s publication that she misunderstood the district’s lawyers and was incorrect when she said that the board had decided not to cover Keshia Thomas’ legal fees in the lawsuit brought against Thomas by former Bullard high football coach Don Arax. Islas said the case is still in mediation, and once that concludes a recommendation would go to the board.

Islas then released the following statement:

“The Board agreed to pay Trustee Thomas’s legal fees prior to any knowledge that there was a conflict between her original statement and the information shared during her subsequent deposition and a declaration from her son. At no time has the board agreed to indemnification. By indemnification, we mean that neither the board nor the district will cover any payment for judgment against her. Any change in the district direction regarding continued coverage of her legal fees would require continued discussion and action by the board. The board will revisit this case after mediation, which is scheduled for August 31st.”

Related Story: Fresno Unified Trustee Keshia Thomas’ Son Gives His Account of What ...

Original Story

Following a legal filing posted Thursday from Fresno Unified Trustee Keshia Thomas saying she’s agreed to drop her two main defenses against a defamation suit from Bullard football coach Don Arax, the district will not pay her legal fees.

One local attorney not connected with the case contends there could be a “nuclear verdict,” with substantial damages paid to Arax.

Board President Veva Islas said the district originally offered legal support to Thomas in good faith.

“Based on the new information that has come to light regarding the case, the district and the board have basically made the decision that we will not defend, provide legal counsel, use tax dollars in (Thomas’) defense,” she said. “At no point in time did we ever agree that we would be liable and pay for any damages.”

Fresno Unified is still a named defendant in Arax’s lawsuit.

On Thursday, Thomas, through her attorneys at Berger Milton, said she would withdraw any defense saying her accusations of racism have any truth or that they were conditionally privileged — meaning they were made in good faith against a public figure.

“On the advice of our legal counsel, it seems that there is no ability to confirm what she said as true,” Islas said. “Because it is a genuine defamation case at this point, then the district is going to back away from her.”

Islas said the district maintains that Thomas was not acting as a trustee when she appeared on the “Unfiltered show” in 2022 and accused Arax of calling her son the N-word. GV Wire Publisher Darius Assemi hosts the show.

Islas said that as a woman of color, she doesn’t want Thomas’ claims to taint those people who have actual claims about racism.

“It is important for us to believe people of color. We know that we live in a very racist society, that there are definitely things that we’re seeing. Even today, when we think about all the tragedy that’s happening in Mississippi, I do feel it’s important for us to take action,” Islas said. “We are an anti-racist district, we want to defend and protect all of our children of color.”

Thomas did not respond to a call from GV Wire.

Case ‘Fundamentally Mismanaged’: Bonakdar

Arax’s attorney Brian Whelan has long contended that Thomas was acting as a trustee when she accused Arax of using a racial slur. Judges in previous rulings have acknowledged that she would not have been on the show had she not been a trustee.

With the inability to say that her accusations of racism have any truth or that they were given in good faith, Thomas has essentially admitted to the merits of Arax’s claim, said attorney Roger Bonakdar, who is not associated with the case.

Bonakdar spoke with GV Wire before Fresno Unified said that it would drop coverage for Thomas.

And with a jury trial only months away and the window to settle at a reasonable amount having closed years ago, Bonakdar said the “fundamental mismanagement” of the case will likely result in a “nuclear verdict” well into eight-figure damages.

The cost to undo reputational harm could easily reach $20 million, he said, not including other damages.

“Here’s the kicker, that number would have been a lot smaller if they would have settled it and put it to bed early,” Bonakdar said. “Because then the story isn’t continuing to churn and circulate out in the community and therefore increasing the amount of effort and money it will take to cure the harm.”

Reputational Harm Damages Between $9M, $20M

The two main ways to defend against defamation in this case would be to argue that Thomas’ accusations of Arax being racist had any basis in truth or that they were made in good faith against a public figure — called conditional privilege.

Bonakdar said the first job of any competent attorney would have been to ascertain the truth of Thomas’ claims, but district leaders would then need to heed their legal advice.

“There’s a lot of self-inflicted harm done by the district in this case, completely avoidable self-inflicted harm,” he said.

Thomas first changed her version of what happened in an October 2022 legal statement where she said Arax’s use of the racial slur against her son broadly applied to all Black players.

Her story changed again in a 2025 deposition when she tried to walk back that she had ever made an accusation of racism against Arax, despite her being on a live, recorded broadcast that aired her comments.

Defamation cases such as these, especially in accusations of racism, involve a calculation of how much it would take to undo the harm to Arax’s reputation, Bonakdar said.

Multiple media outlets picked up the story and have since been following developments in the case, sending it far beyond Fresno County.

“You’re talking about probably an over-100-mile radius,” Bonakdar said. He put a cost at between $9 million and $20 million to run an informational campaign to undo the harm.

On top of reputational harm comes special damages such as lost wages or any therapy needed by Arax. Shortly after the accusations, Arax was fired as head coach. He later left Bullard for a job at Central Valley Christian.

General damages include embarrassment, humiliation, and any other human toll suffered. Finally, there may be punitive damages, which the district would not be liable for, Bonakdar said.

Fresno Unified Budget Challenges Deepening

The district in May issued 196 layoff notices to classified employees and 78 certified employees amid an $88 million budget shortfall.

In addition, the district’s general liability insurance premium costs have soared in recent years, going from $393,417 a year in 2022-23 to $1,412,999 in 2023-24, according to documents obtained by GV Wire.

Generally, insurance to protect organizations from defamation have lower limits than those for other kinds of lawsuits, increasing how much the district could have to pay out of pocket, Bonakdar said.

But even as the district’s budget tightens, it continues to face other legal costs. Earlier this year, the district settled with a group of school nurses for $1.76 million after they claimed they were discriminated against because of their age.

The attorney representing those nurses, Howard Sagaser, has at least two other cases against the district.

“It’s emblematic of the need for ground-up changes in that Fresno Unified spends more time in the news based on negative events than it does its achievements, by a long shot,” Bonakdar said. “That tells you something.”