Thursday, January 31, 2019

Fwd: Why we filed a lawsuit today



---------- Forwarded message ---------
From: Randall Wenger, Independence Law Center <info@indlawcenter.org>
Date: Thu, Jan 31, 2019 at 4:56 PM
Subject: Why we filed a lawsuit today
To: Phil Horning <philandkelly@gmail.com>


Independence Law Center Files Lawsuit Against Mechanicsburg Area School District on Behalf of Student Bible Club.  Here's Why.

Dear Phil,

Here at the Independence Law Center, we don't like to file lawsuits.  We much prefer to trying to work out issues with all sides — without going to court — all the while firmly standing on principle and the Constitution.  

But today, we have filed a lawsuit against the Mechanicsburg Area School District on behalf of students in the Mechanicsburg High School's Bible club.   

Here's Why:

It began early in the school year when the Mechanicsburg High School principal rejected a poster promoting the Christians In Action Bible Club because the poster included a Bible verse (Mark 16:15). The students contacted our Independence Law Center, which got involved behind the scenes and eventually convinced the school administration, based on applicable law, to allow the poster with the Bible verse to be displayed.

Apparently, the lesson went unlearned, because later in the school year, the principal again denied the Bible club students their legitimate rights.  This time, the students wanted to offer literature – New Testament Bibles – at a table during non-instructional time, specifically at lunch. Not only did the principal deny permission, writing in an email that these students are "not permitted to handout Bibles during the school day," but he went even further by declaring that they are not able to hand out Bibles outside of the school day unless they were granted permission first.

Once again, these students contacted the Independence Law Center for help (which we offer free of charge thanks to those who partner with us financially). We again went back to the school, this time giving them a deadline to remedy their latest unconstitutional action against these students. Days passed; the administration did not respond to our request; instead issuing a statement to the press indicating they were maintaining their unconstitutional position and policies.

At a subsequent meeting of the school board, several students from the club made their concerns known to the board, and attorneys with the Independence Law Center, Jeremy Samek and Curtis Schube, also addressed the board, pointing out the existing problems with their policy and asking the school board to remedy the illegal policies.

Two days after this school board meeting, we followed-up with another letter, again asking whether the school would comply with the law and Constitution and allow the club to offer Bibles during non-instructional times at school.  The response was simply to avoid that question and simply state the students could apply to offer literature based on the school policies. Unfortunately, those school policies are unconstitutional.

The problem is deeper.

MASD's policies go far beyond simply denying students permission to share Bibles at lunch.  For example, the school also completely prohibits students from expressing views that "[s]eek to establish the supremacy of a particular religious denomination, sect or point of view." In other words, students' ability to make truth claims about their religion are prohibited and deemed "unprotected expression." Yes, the school unbelievably lumps any student expression that seeks to show their religious view is correct, together with other "unprotected speech", things like speech promoting violence or pornography.

It is for all of these reasons, and still others — the constitutional violations, compounded by the lack of response by the school — that these student leaders of the Bible club and their families have filed this lawsuit. All students should be able to share their faith and to offer literature like the Bible during non-instructional times at school.

Lastly, I wanted to share the last questions we received from reporters at our press conference today. One reporter confirmed with us that the students and their parents do not have to pay any legal fees because we represent them free of charge. Another reporter then asked, "Why is this something you are willing to step in and fight for even though you're not really being compensated monetarily?" My reply was simply that we take civil rights cases free of charge because we care about the issues and want to fix it for all students and their families at Mechanicsburg and beyond.

We're only able to offer these students and their parents legal services free of charge thanks to people like you who partner with us. Today is a great example of why we so appreciate your support.

Please contact me should you have any questions about this case. Please join us in praying for a positive outcome on behalf of the students of Mechanicsburg. And stay tuned for the latest developments.

Sincerely,

Randall Wenger
Chief Counsel
Independence Law Center

P.S. We have several resources available to better inform you about this case, including a FAQ page with a timeline of events, our press release, and this video clip of my colleague Jeremy Samek (view on Facebook or Youtube). Also, here's a link to the filed complaint.

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