Fresno Unified School Board member Keshia Thomas, left, with former Bullard High football coach Don Arax, right, in a composite photo.
ERIC PAUL ZAMORA
ezamora@fresnobee.com
Mediation to settle a defamation lawsuit against the Fresno Unified School District and Trustee Keshia Thomas was unsuccessful, the plaintiff’s attorney said.
Brian Whelan, attorney for former Bullard High School football coach Don Arax, said there was no settlement after talks on Monday.
Arax, now coaching at a high school in Visalia, sued Thomas and FUSD for defamation after Thomas accused him on a podcast in. 2022 of using a racial slur against her son.
The parties met individually with retired California Supreme Court Justice Carlos R. Moreno, now a Los Angeles-based mediator with JAMS, on Monday via Zoom.
FUSD spokesperson Adela Duncan attempted to distance the district from Thomas’ legal problems.
“FUSD participated in mediation in good faith because that is the right way to try to resolve disputed litigation, not because the District believes it bears responsibility for a private, personal statement it did not make,” Duncan said.
The case is heading toward a Dec. 7 trial before Fresno County Superior Court Judge Kristi Culver Kapetan.
Thomas is running for Fresno City Council, facing Assemblyman Joaquin Arambula, D-Fresno, on Nov. 3.
Through June 9, the district has paid $235,330 in defense fees for itself. It has also paid Thomas’ defense costs of $134,421. The Bee has asked for updated figures and is waiting for the new amounts..
Thomas’ racial slur accusation and apology
In 2022, Thomas went on a podcast and accused Arax of using a racial slur against her son at a football camp years ago. Arax denied the accusation and filed a defamation suit against Thomas and the district later that year.
In a July court document, Thomas’ son — Albert Alford Jr., now an adult — said Arax never used racial slurs. In a subsequent statement to the media, Alford said he was not truthful with his mother recounting the incident.
Thomas issued a public apology. She has not taken questions from The Bee about the incident. Joshua Milton, attorney for Thomas, had no comment.
Fresno Unified said they “understand the seriousness of a lawsuit.”
“At the same time, the District did not make the statement at issue in this case, did not authorize it, and did not endorse it,” district Duncan said.
The district’s full statement can be read here.
In previous public statements, the district indicated it may no longer cover Thomas’ legal fees. That could come in a future discussion and vote from the trustees. The district has not released the agenda for the next board meeting on Sept. 9.
On the way to trial, Culver Kapetan will hear a motion from Arax to dispose of two of Fresno Unified’s defenses — truth and conditional privilege, scheduled for Oct. 7.
This story was originally published September 2, 2026 at 3:59 PM.
The Fresno Bee
David joined The Fresno Bee in 2026 as Civic Watchdog Reporter. He covers elected officials from the Central Valley and the ins and outs of local elections and politics. David also keeps a sharp eye on how your local tax dollars are spent. David previously worked at GV Wire for 10 years. Born in Los Altos, California, David graduated from the University of Michigan and has lived in Fresno for two decades with his family.