ACLU is awarded an injunction against local schools (Injunction attached)

On Monday morning, Santa Rosa County Superintendent of Schools Tim Wyrosdick confirmed that the school system has been ordered to cease and desist the promotion, planning, and permitting of school sponsored religious activities.

“I have been instructed by our attorneys to not comment on the case while it is pending. However, I can say that the current resolution regarding the ACLU lawsuit allows Santa Rosa County to self-correct and become compliant with Constitutional Law,” says Wyrosdick.

Wyrosdick says the ACLU informed the board of possible violations and the board investigated the situation and found a few possible instances of concern. The board then decided to self-correct the issues it found.

“Our goal is and will always be to remain neutral and not prohibit, nor promote religion in school. Our mission is always to protect children and their rights and to educate them,” Wyrosdick says.

The ACLU announced in a news release that the United States District Court Judge M. Casey Rodgers granted a preliminary injunction late Friday in the highly publicized American Civil Liberties Union case seeking to prevent Santa Rosa County School District officials from proselytizing and conducting other religious activities in public schools.

The court’s order requires school officials to discontinue myriad policies and practices that promote religion throughout district schools. 
On Dec. 15, the school board, the superintendent, and the principal named in the suit filed an “Admission of Liability” with the Court regarding the district wide constitutional violations.

A release issued Monday morning by Santa Rosa County District Schools states the attorneys for the district have filed a legal pleading with the U.S. District Federal Court, Northern District of Florida requesting the court assist the parties in preparing a document whereby the rights of students to exercise free speech, including private prayer at school, is protected and to assure that religion in schools in neither prohibited nor promoted.

The release also says that school personnel, during their employment, are to remain neutral in these matters.

Wyrosdick says the board believes this course of action will permit the board to retain what it legally can, reduce legal expenses during this time of financial crisis, and permit personnel to focus solely on the education of its students.

“The court has entered a preliminary order on this matter. A final order will be entered after meetings with the Federal Magistrate,” says Wyrosdick.

According to the news release by the ACLU, the decision prohibits the school district’s sponsoring prayer at school events, such as graduations, orchestrating religious baccalaureate services, and proselytizing students during class and extra-curricular activities.

The release says that ACLU attorneys attempted to work with the school district for two years prior to filing litigation.

Benjamin James Stevenson, principal litigator and staff attorney with the ACLU of Florida’s Northwest Regional office says he is pleased with Friday’s decision.

“The School District ultimately did the right thing in admitting and accepting responsibility for its violations of students’ constitutional rights,” says Stevenson. “We look forward to working with the defendants and the court to permanently bring the school district in line with the First Amendment.” 

The ACLU of Florida filed the lawsuit, along with the ACLU’s Program on Freedom of Religion and Belief, in August 2008 on behalf of two Pace High School students.  The complaint, which named the Santa Rosa County School Board, the district’s superintendent, and the principal at Pace High School as defendants, charged that school officials committed widespread violations of the Establishment Clause of the First Amendment to the US. Constitution.  On December 15, 2008, the school board, the superintendent and the principal filed an “Admission of Liability” with the Court, owning up to the district-wide constitutional violations.

The preliminary injunction entered in Friday by the Court prohibits all district officials from:

•    Promoting or sponsoring prayers during school-sponsored events, including graduation
•    Planning or financing religious baccalaureate services
•    Holding school-sponsored events at religious venues when alternative venues are reasonably available

•    Permitting school officials to promote their personal religious beliefs and proselytize students in class or during school-sponsored events and        activities

The parties and the court will work together to fashion permanent relief reflecting these principles.

“Parents, not public schools, have the right to control the religious education of their children,” said Daniel Mach, Director of Litigation for the ACLU’s Program on Freedom of Religion and Belief.  “The Court’s order, based on the defendants’ own admissions, will help ensure that public school officials do not inject their personal religious beliefs into the students’ education.”

Attorneys on the case include: Stevenson, Glenn Katon, Randall Marshall, and Maria Kayanan, all with the ACLU of Florida; and Mach and Heather Weaver with the ACLU Program on Freedom of Religion and Belief.

Download a PDF of the order at www.aclufl.org/pdfs/SantaRosaPI.pdf.