ADF represents Jay Teacher in discrimination case

In a letter dated May 22, the Alliance Defense Fund (ADF) informs the Santa Rosa County School Board members, Superintendent Tim Wyrosdick, School District Director of High Schools Bill Emerson, and Jay High Principal Dale Westmoreland that it is representing Johnny Wolfe, a teacher at Jay High School.

Wolfe had asked the ADF to notify the addressees about “recent unlawful discrimination against him by District officials.”

According to the letter, District officials informed Mr. Wolfe that he and other teachers were prohibited from participating in the private baccalaureate services that were scheduled to occur on Sunday evening, May 31, 2009, and would be terminated if they chose to do so.

The non-school event was sponsored by the local ministerial association, which rented the school facility in accordance with the District’s facility use policy for community groups.

Senior Legal Counsel for ADF David Cortman says a letter was sent to the District on May 14 that highlighted appreciation for the District’s “concern for abiding by the recent Consent Order filed in Doe vs. School Board for Santa Rosa County, No. 08-cv-361 (M.D. Fla.2008), allowing district employees on their own time and in their individual capacities—which is exactly the case on a Sunday night to attend or participate in a private religious service—in no way violates this order.

“And if it did, the order itself would be unconstitutional,” says Cortman.

Cortman wrote, “We appreciate the fact that you are dealing with a difficult situation, but your interpretation of the consent order (an order that you voluntarily agreed to) violates your employees’ constitutional rights.”

“Without question, Mr. Wolfe’s, and any other teacher’s, personal capacity in participation in the private baccalaureate services is free speech. The district’s restriction on this private religious expression violates the First Amendment,” says Cortman.

The outcome of the representation was the district’s cessation from the prohibiting of Mr. Wolfe and any other district employee from attending or participating in the baccalaureate, or any other religious service or event, while on their own time and in their personal capacities.