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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Civil Action No. Child Evangelism Fellowship of Dauphin County, Inc. Plaintiff, v. Harrisburg School District Defendant. This action is not related to any previously filed case in this Court. Pursuant to the Federal Rules of Civil Procedure, Plaintiff Child Evangelism Fellowship alleges as follows: I. INTRODUCTION 1. This is a civil rights action under 42 U.S.C. § 1983 and the First and Fourteenth Amendments to the United States Constitution brought to remedy a violation of the constitutional rights of Child Evangelism Fellowship of Dauphin County, Inc. (“Child Evangelism Fellowship”), which offers a community-led, VERIFIED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
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after-school Bible club that had met at Foose Elementary School and other schools in the Harrisburg School District (the “District”). 2. Plaintiff brings this action challenging the District’s policy, both on its face and as applied, of excluding Plaintiff from a category of community groups which receive fee waivers for the use of facilities after school hours, thereby imposing such fees upon Plaintiff in a discriminatory manner. 3. Such groups are designated as Class III Community Service Groups according to District policy No. 707 pertaining to the Use of School Facilities (the “Policy”). Such groups are to be “non-profit organizations that provide services to the communities within the Harrisburg School District and include Boys and Girls Club of Harrisburg, community recreation organizations, and other non-profit community service groups. Class III organizations will be provided use of district facilities without charge.” The Policy (a true and correct copy of which is attached hereto as Exhibit 1). 4. Even though the “Good News Clubs” that Child Evangelism Fellowship offers fit squarely within this definition, the District has applied the Policy to exclude Child Evangelism Fellowship from Class III status, therefore requiring Plaintiff to pay for the afterschool use of the District’s facilities. 5. As a result, Plaintiff has been deprived of access on equal terms to after-
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school use of the District’s facilities, and has effectively been excluded, due to cost, from the entire District since the beginning of the 2012-2013 school year. 6. In depriving Plaintiff access on equal terms, the District applied its Policy in an unconstitutional manner, thereby violating the free speech, free exercise, due process, and equal protection clauses of the First and Fourteenth Amendments to the United States Constitution. II. JURISDICTION AND VENUE 7. This action arises under the United States Constitution, particularly the First and the Fourteenth Amendments, and, under federal law, particularly 28 U.S.C. §§2201-02, 42 U.S.C. §§1983 and 1988. 8. This Court possesses original jurisdiction over Plaintiff’s claims by operation of 28 U.S.C. §§1331 and 1343. 9. This Court is vested with authority to issue the requested declaratory relief under 28 U.S.C. 2201-02, and pursuant to Rule 57 of the Federal Rules of Civil Procedure. 10.This Court has authority to award the requested injunctive relief under Rule 65 of the Federal Rules of Civil Procedure and 28 U.S.C. §1343(3). 11.This Court is authorized to award nominal damages under 28 U.S.C. § 1343(4). 12.This Court is authorized to award attorneys’ fees under 42 U.S.C. § 1988.
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13.Under 28 U.S.C. § 1391, venue is proper in the United States District Court for the Middle District of Pennsylvania because these claims arose there and all parties reside within the Middle District of Pennsylvania. III. IDENTIFICATION OF THE PLAINTIFF
14.Plaintiff is a non-profit, community-led Christian organization that offers “Good News Clubs” to District elementary school students after school, free of charge. These clubs are open to all students, regardless of the race, gender, or religious beliefs of the student. Children are provided good role models and a safe place to go after school, as well as instruction in learning responsibility, virtue, and maturity through Bible stories, songs and games. Permission to attend must be granted by a student’s parent or legal guardian. 15.Child Evangelism Fellowship has been offering “Good News Clubs” at Foose Elementary School since the 2007-2008 academic year, elsewhere in the Harrisburg School District since the 2006-2007 academic year, and in other school districts throughout Dauphin County since the late 1980’s. Its sister organizations have been offering such clubs across the United States since 1937. 16.Plaintiff, pursuant to its sincerely held religious belief in sharing the gospel with these students, desires to be granted access on equal terms to the District’s school facilities, including those at Foose Elementary School, as a forum for offering its “Good News Clubs” to students. To that end Plaintiff desires to be
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recognized as a Class III Community Service Group, so as to avoid paying the prohibitively expensive facilities fee. IV. IDENTIFICATION OF THE DEFENDANT
17.According to the Public School Code of 1949, Defendant District is a body corporate organized under the laws of the Commonwealth of Pennsylvania. 24 P.S. 2-211. 18.“An action shall be brought by or against a political subdivision in its name.” Pa. R.C.P. No. 2102(b). 19.A school district is a political subdivision. Pa. R.C.P. No. 76. 20.The District is charged, inter alia, with the administration, operation, and supervision of all District schools, including Foose Elementary. 21.The District is charged with the formulation, adoption, implementation, and enforcement of District policies, including the Policy herein challenged. 22.The District is responsible for the enactment, enforcement, and existence of policies and practices related to community groups’ use of facilities and their payment therefor. 23.The District used its unfettered discretion to exclude Plaintiff from Class III Community Service Group status, thereby prohibiting access on equal terms to its facilities. 24.The District is responsible for District officials’, including the School Board
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Secretary’s and Superintendent’s, application of its Policy pertaining to the payment of fees. 25.The District is also responsible for delegating to the School Board Secretary, the Superintendent and other School Board members final authority in the categorization of applicant community groups into the four classes, and is thus responsible for the withholding of access on equal terms to its facilities after school hours. V. ALLEGATIONS OF FACT 26.On August 22, 2012, Brooke A. Morrison, the Director of Child Evangelism Fellowship submitted to the District his application for the use of school facilities for permission to hold after-school Good News Clubs at Foose Elementary without paying a facilities fee. (A true and correct copy is attached hereto as Exhibit 2) 27.This was the same procedure he had followed the five previous years, usually without resistance, although in the 2010-2011 academic year Child Evangelism Fellowship was denied use of the facilities altogether because of the religious nature of the group. 28.The District’s waiver of the facilities fee is a commonly sought and often granted benefit among other community non-profit organizations within the District. 29.In the beginning of September 2012, however, School Board Secretary
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Roxanne Bowman called Mr. Morrison to inform him that although Child Evangelism Fellowship would be granted permission to use school facilities, under the District’s revised Policy Plaintiff would now have to pay a facilities fee, amounting to approximately $1,200 per school, per academic year. 30.This is a prohibitively high sum of money for this non-profit, which serves the community free of charge, especially in light of Plaintiff’s desire to offer Good News Clubs in other schools throughout the District as it had in the past. 31.The advent of the revised Policy does not, however, seem to have had any ill effect on certain other community nonprofits, such as the Boys and Girls Club, the Boy Scouts of America, Big Brothers Big Sisters, or the YMCA, as such groups continue to be exempt from the facilities fee under the new Policy. There is no relevant distinction between Child Evangelism Fellowship and these other groups, for purposes of the fee exemption, except that Plaintiff is perceived by the District primarily to be a religious group, while the others are not. 32.In denying Child Evangelism Fellowship from Class III status, the only explanation provided by Secretary Bowman to Mr. Morrison was that the District does not consider Child Evangelism Fellowship to be a community service, and only those organizations which are community services are granted a fee waiver. 33.When Mr. Morrison pointed out that Child Evangelism Fellowship serves
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the children of the community of Harrisburg in the same ways as other groups granted the fee waiver, she informed him that she would go “directly to the Superintendent” and find out more information. 34.Despite her assurance, she never called Mr. Morrison back, nor was a written denial ever forthcoming, nor has he ever received any further explanation whatsoever. 35.On October 17, 2012, an attorney for Child Evangelism Fellowship sent an inquiry via email to the Harrisburg School District Solicitor, Attorney Samuel T. Cooper III, of DILWORTH PAXSON, LLP. (A true and correct copy is attached hereto as Exhibit 3.) 36.When no response was received, the undersigned counsel followed up said email with a written letter on November 7, 2012. (A true and correct copy is attached hereto as Exhibit 4.) 37.While Attorney Cooper did finally call the undersigned in response to said letter, no information was conveyed other than to say that he was unsure about the reason for the denial, that it could have been due to the recent change in policy, and that he would follow up on it. 38.When no follow up occurred, the undersigned sent one final letter on November 20, 2012, to which no response has been received. (A true and correct copy is attached hereto as Exhibit 5.)
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39.With no option remaining, and having already been effectively shut out of Foose Elementary for the entire Fall semester, Plaintiff filed this Complaint. 40.Under the Policy, which was revised on November 16, 2011, groups seeking to use school facilities are categorized into four classes. 41.Class I groups are those which are directly sponsored by the District, such as science fairs and athletic events. Such groups are completely exempted from any and all fees, and are covered by the District’s property and liability insurance policy. The Harrisburg Police Athletic League (PAL), for example, was designated by the District under the Policy as a Class I group. 42.Class II groups are those groups “that directly support…district activities and include alumni organizations, PTAs, and formally recognized booster groups.” Policy. These groups are exempt from facilities fees, but are subject to custodial, security and site manager fees in certain circumstances. Class II groups also enjoy coverage under the District’s property and liability insurance policy. 43.As mentioned hereinabove, Class III refers to “Community Service Groups.” “Class III represents non-profit organizations that provide services to the communities within the Harrisburg School District and include the Boys and Girls Club of Harrisburg, community recreation organizations, and other non-profit community service groups.” Policy. Class III groups, like those in Class II, are exempt from facilities fees, but are subject to custodial, security and site manager
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fees in certain circumstances. However, Class III groups, as distinct from those in Class II, are not covered by the District’s property and liability insurance, but are instead required to provide an insurance certificate naming the District as additional insured. 44.Class IV is reserved for “all other organizations and individuals requesting use of district facilities” for purely private purposes. Policy. These organizations and individuals are required to pay all fees, including facilities fees, and to provide an insurance certificate naming the District as additional insured. 45.The Policy, both on its face and as applied, grants the District tremendous and unbridled discretion. The Policy states that the “use of any and all facilities shall be at the exclusive discretion of the Harrisburg School Board. The Harrisburg School Board expressly reserves the right to refuse to rent its facilities for any purpose whatsoever and to reject or cancel any application.” Policy. 46.Both pursuant to the written Policy and the application of the Policy to various groups, many groups are granted Class III status and exempt from paying facilities fees. 47.The District first applied its revised Policy to new facilities use applications at its February 2, 2012 Board of School Directors Regular Meeting. Since that date, up to and including the January 28, 2013 Regular Meeting, the District has granted Class III status to 14 different community groups, some of which were
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granted this status on multiple occasions for separate events. Many other groups during this timeframe have been granted Class I or Class II status. 48.By way of example, During its November 19, 2012 Regular Meeting, the Board of School Directors designated American Legion Post 733 and the United States Marine Corps, among others, as Class III community groups. 49.Neither organization was therefore charged a facilities fee. 50.Some of the groups granted Class III status are not religious, while others, such as the American Legion and Boy Scouts, have religious tenets, but are not perceived as primarily religious by the District. For instance, the Preamble to the American Legion’s Constitution states, “For God and Country we associate ourselves together for the following purposes…” while the Preamble’s interpretation speaks of “God-given rights,” defines Americanism as being the “creed that has blazed the world-wide trail for … belief in God” and notes that “the American Legion recognizes the influence of Almighty God in all worthwhile endeavors – and declares the allegiance of Legionnaires to both God and Nation.” (See Exhibit 6, which is a true and correct copy of the Preamble to the American Legion’s Constitution and the Preamble’s interpretation, obtained from the American Legion’s website on January 31, 2013). 51.Similarly, the Boy Scout’s well-known oath begins with the words “On my
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honor I will do my best / To do my duty to God and my country …” See Exhibit 7, which is a true and correct copy of the Boy Scout Oath, obtained from the Boy Scouts’ Website on January 31, 2013. 52.From the date the revised Policy was first applied, at least one other group which could be perceived as primarily religious has been granted Class III status – Redeeming Grace Church – for its Backyard Bible Club and Family Night for Camp Curtin Students. However, the District persists in denying this status to Child Evangelism Fellowship. 53.By way of example, pursuant to this former Policy, during its October 17, 2011 Regular Meeting, the Board of School Directors granted fee waivers to the Boys and Girls Club of Central PA as well as the New Birth of Freedom Council Boy Scouts of America. 54.Big Brothers Big Sisters has not reapplied for the use of school facilities under the revised Policy, as it enjoys the singular honor of being specifically mentioned therein as a Class III group. The New Birth of Freedom Council Boy Scouts of America was granted a fee waiver under the former Policy and has likewise never reapplied under the revised Policy, though Plaintiff believes and therefore avers that the District has nonetheless permitted it to continue meeting in the schools without paying a facilities fee. Plaintiff believes the same is true about the YMCA. 55.Plaintiff’s Good News Clubs have always consisted entirely of Harrisburg
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School District Students. 56.Nonetheless, even under the former Policy the District showed hostility to Plaintiff by outright denying access to school facilities to Plaintiff during the 20102011 academic year, explaining that they were prohibited from using the facilities because they are religious. 57.Plaintiff was forced to enlist the assistance of an attorney to address the religious discrimination by the District, and it was not until the Spring of 2011 that the District finally agreed that Plaintiff was in fact entitled to use the facilities. 58.As aforementioned, shortly thereafter on November 16, 2011, the District revised the Policy to its current form. 59.Regardless of which Policy has been in place with the District, Child Evangelism Fellowship has always offered, and continues to offer the children of the Harrisburg School District services with elements similar to those offered by other community groups which now enjoy Class III status. Child Evangelism Fellowship does so pursuant to its sincerely held religious beliefs, which arise out of its love for the children and desire to share the gospel. 60.Specifically, both Child Evangelism Fellowship and Big Brothers Big Sisters, which is allowed to use facilities free of charge, offer positive role modeling that results in greater educational success and the avoidance of risky
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behaviors. However, Child Evangelism Fellowship does so based upon a Christian, religious viewpoint. 61.Child Evangelism Fellowship, like the Boy Scouts of America, which is allowed to use facilities free of charge, teaches children values and responsibility as well as the difference between right and wrong. While the Boy Scouts of America teaches these values from a nondenominational viewpoint, Child Evangelism Fellowship does so from a specifically Christian viewpoint. For example, during their meetings the Boy Scouts may play games, welcome guest speakers and go on field trips to teach a nonsectarian doctrine such as the fifth of Cub Scouting’s 12 Core Values: “Having inner strength and confidence based on our trust in God.” (See Exhibit 8, which is a true and correct copy of “Cub Scouting’s 12 Core Values,” obtained from the Boy Scouts of America website on February 2, 2013). 62.During Good News Clubs, on the other hand, instructors and children may play games, go on field trips and welcome guest speakers in furtherance of the specifically Christian doctrine that salvation from sins is found in a belief in Jesus Christ alone. 63.While the YMCA was founded in 1844 as the “Young Men’s Christian Association, a refuge of Bible study and prayer for young men seeking escape from the hazards of life on the streets,” it is no longer a primarily religious
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organization, but rather a “nonprofit organization for youth development, healthy living and social responsibility…[and] is guided by four core values: caring, honesty, respect, responsibility.” (See Exhibits 9 and 10, which are true and correct copies of “The story of our founding” and “Facts & Figures,” respectively, obtained from the YMCA’s website on February 2, 2013). 64.Child Evangelism Fellowship is a non-profit organization devoted to building strong character in youth and to mentoring them with positive, caring relationships. It teaches students about values such as caring, honesty, respect, and responsibility. Child Evangelism Fellowship meets these needs among the youth of the Harrisburg School District based upon its primarily religious viewpoint, while the YMCA does so as an expression of its primarily secular worldviews. 65.To characterize Child Evangelism Fellowship’s service to the community arising out of religious beliefs and viewpoints differently than the other groups’ service to the community constitutes viewpoint discrimination. 66.As a further example of the District’s inconsistent application of its own Policy, during its December 17, 2012 Regular Meeting, the School Board approved the Three Star Foundation as a Class III fee-exempt community group based on its 501(c)(3) tax exempt status. Despite the fact that Child Evangelism Fellowship is also a 501(c)(3) tax exempt organization, it has been denied the same treatment.
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(A true and correct copy of Plaintiff’s tax exempt letter is attached hereto as Exhibit 11.) 67.It is established therefore that the District has engaged in discrimination in denying Child Evangelism Fellowship access on equal terms to its facilities, and will no doubt continue to do so without Court intervention. 68.Plaintiff has not been able to hold Good News Clubs in the District since the 2011-2012 academic year due to the cost of the facilities fee. 69.Plaintiff desires to begin immediately meeting at Foose Elementary School and at other schools in the Harrisburg School District as soon as it is able to do so without cost as other similar groups which provide community services to students are able to do so. 70.Plaintiff has suffered, and is continuing to suffer, irreparable harm as a result of the District’s conduct. 71.Plaintiff has no other adequate or speedy remedy at law to correct or redress the deprivation of its rights by the District. 72.Unless the District’s policy and practices are enjoined, Plaintiff will continue to suffer irreparable injury.
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FIRST CAUSE OF ACTION: VIOLATION OF THE FREE SPEECH CLAUSE OF THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION 73.Plaintiff re-alleges and incorporates herein, as though fully set forth, the preceding paragraphs. 74.The First Amendment’s Freedom of Speech Clause, incorporated and made applicable to the states by the Fourteenth Amendment to the United States Constitution, prohibits discrimination based upon the content and viewpoint of that speech. 75.The District’s Policy and practices allow community groups access to school facilities after school, without payment of a facilities fee, where those groups are “non-profit organizations that provide services to the communities within the Harrisburg School District.” Policy. 76.Many secular and non-evangelical religious community non-profits receive this treatment. 77.However, the District has required Child Evangelism Fellowship to pay for the use of facilities after school. 78.Many of the community groups permitted access by the District without the payment of the fee share the common goal of inculcating values and developing character in the students whom they serve and accomplish this goal through teaching students about character, morality, and positive behavior.
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79.Child Evangelism Fellowship shares this goal and likewise teaches students about character, morality and positive behavior, though its motivation to do so stems from religious beliefs. Therefore, it inculcates values and seeks to develop character from a Christian viewpoint. 80.The imposition of a facilities fee upon Child Evangelism Fellowship effectively bars Plaintiff from school facilities, as the fee is prohibitively high for this group. 81.The unequal treatment of Child Evangelism Fellowship’s religious expression is a content based restriction in an otherwise open forum – thus subject to strict scrutiny. 82.The unequal treatment of Child Evangelism Fellowship’s religious expression is also a viewpoint based restriction – unconstitutional in any forum. 83.The discretion afforded to the District by the Policy would allow the District to make viewpoint based decisions. Therefore, the policy is unconstitutional on its face. 84.The Policy, both on its face and as applied by the District to Child Evangelism Fellowship, is not the least restrictive means required to serve any compelling interest the District seeks to promote. 85.There can be no compelling interest when the District previously did not charge Child Evangelism Fellowship to use the facilities.
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86.Nor is there a compelling interest in giving Child Evangelism Fellowship disfavorable treatment as compared to other community groups that provide services to children. 87.The Policy, both on its face and as applied by the District to Child Evangelism Fellowship, burdens more of Plaintiff’s speech than is necessary because it entirely forecloses Child Evangelism Fellowship from using the facility on account of the cost. 88.Even if, for the sake of argument, there were a compelling interest, the manner in which the District has gone about furthering its interest in this matter cannot possibly be considered “narrowly tailored” to that interest, in light of the fact that Child Evangelism Fellowship was denied a fee exemption due to the District’s broad discretion under the policy, despite squarely meeting all of the elements of the fee exemption under the written Policy itself. 89.Therefore the Policy, both on its face and as applied by the District to Child Evangelism Fellowship, violates Plaintiff’s right to Free Speech as guaranteed by the First and Fourteenth Amendments to the United States Constitution. WHEREFORE, Plaintiff respectfully prays the Court grant the declaratory and injunctive relief set forth hereinafter in the Prayer for Relief.
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SECOND CAUSE OF ACTION: VIOLATION OF THE FREE SPEECH CLAUSE OF THE FIRST AMENDMENT AND OF THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION 90.Plaintiff re-alleges and incorporates herein, as though fully set forth, the preceding paragraphs. 91.The speech protections of the First and Fourteenth Amendments prohibit the government from censoring speech pursuant to prior restraints that permit it unbridled discretion. 92.The District’s implementation of a fee for the after-school use of District facilities by community groups constitutes a prior restraint. 93.Prior restraints can be constitutional provided they do not permit government decision-makers unbridled discretion. 94.However, this fee system, both on its face and as applied, relies entirely upon the District’s unbridled discretion to determine without any oversight or appeal process which non-profit community groups qualify as Class III Community Service Groups, and which do not. 95.The unfettered nature of this discretion is evident in the District’s decision not to grant Class III status to Child Evangelism Fellowship, despite the fact that Plaintiff fully qualifies for Class III status according to the requirements of the Policy, in fact had qualified under the former policy, and other groups which qualified previously continue to do so under the revised Policy.
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96.The District’s Policy, both on its face and as applied to Child Evangelism Fellowship, accordingly violates Plaintiff’s right to Free Speech as guaranteed by the First and Fourteenth Amendments to the United States Constitution. WHEREFORE, Plaintiff respectfully prays the Court grant the declaratory and injunctive relief set forth hereinafter in the Prayer for Relief. THIRD CAUSE OF ACTION: VIOLATION OF THE FREE EXERCISE CLAUSE OF THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION 97.Plaintiff re-alleges and incorporates herein, as though fully set forth, the preceding paragraphs. 98.Burdens on the free exercise of religion have historically invoked strict scrutiny. 99.Specifically, the government may not burden conduct motivated by a sincerely held religious belief unless the government acts by the least restrictive means to further a compelling interest. 100. Only paramount governmental interests suffice to justify a limitation
of free exercise rights. 101. Additionally, the protections of the Free Exercise Clause pertain if the
law at issue discriminates against some or all religious beliefs or regulates or prohibits conduct because it is undertaken for religious reasons. 102. However, a law that is neutral and of general applicability need not be
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justified by a compelling government interest even if the law has the incidental effect of burdening a particular religious practice. 103. Said differently, when a policy is not generally applicable because it
contains both categorical and discretionary exemptions, and a religious exemption is denied, then strict scrutiny applies in reviewing the constitutionality of the policy. 104. The Policy at issue in the present case is neither neutral nor generally
applicable, and therefore it should be subjected to strict scrutiny. 105. Here, the written policy allows all non-profit community groups an
exemption from facilities fees. In practice, the District is using its discretion to grant fee exemptions only to those groups it perceives as not having a primarily religious purpose. 106. The Policy cannot survive strict scrutiny, as it is not justified by a
compelling interest, nor is it narrowly tailored to advance that interest. 107. The District has no compelling interest in charging Child Evangelism
Fellowship a facilities fee while currently exempting other community groups, and in prior years exempting these same other groups as well as Child Evangelism Fellowship. 108. There is no narrow tailoring to any interest in that other similarly
situated groups are exempt.
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Therefore, application of this discretionary policy to Child
Evangelism Fellowship fails strict scrutiny. WHEREFORE, Plaintiff respectfully prays the Court grant the declaratory and injunctive relief set forth hereinafter in the Prayer for Relief. FOURTH CAUSE OF ACTION: VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION 110. Plaintiff re-alleges and incorporates herein, as though fully set forth,
the preceding paragraphs. 111. The Equal Protection Clause of the Fourteenth Amendment requires
the government to treat similarly situated groups equally. 112. Pursuant to its Policy and practice, the District allows other similarly
situated community groups whose purpose is not primarily religious to utilize the School’s facilities after hours for after-school programs. 113. The District has treated Plaintiff disparately by charging Plaintiff a
facilities fee while waiving it for these other similarly situated groups. 114. By discriminating against the content and viewpoint of Plaintiff’s
religious speech, the District is treating Plaintiff differently than other similarly situated community groups. 115. The District’s Policy and practice violates Plaintiff’s fundamental
rights, including the rights of free speech and free exercise of religion.
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When government regulations, like the District’s Policy and practice
challenged herein, infringe on fundamental rights, discriminatory intent is presumed. 117. The District lacks a rational or compelling state interest for treating
Plaintiff in such a disparate manner. 118. The District’s denial to Plaintiff of access on equal terms is not
narrowly tailored in that the District’s restriction of Plaintiff’s speech and free exercise of religion is unrelated to any legitimate government interest. 119. The Policy, both on its face and as applied to Child Evangelism
Fellowship, violates Plaintiff’s right to equal protection of the laws as guaranteed by the Fourteenth Amendment to the United States Constitution. WHEREFORE, Plaintiff respectfully prays the Court grant the declaratory and injunctive relief set forth hereinafter in the Prayer for Relief. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays for judgment as follows: a. That this Honorable Court issue a Preliminary and Permanent Injunction compelling the District, its officers, agents, employees, and all other persons acting in active concert with it, to immediately categorize Child Evangelism Fellowship as a Class III Community Service Group, thereby
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permitting Plaintiff to resume meeting in school facilities after school without paying a facilities fee; b. That this Honorable Court render a Declaratory Judgment declaring unconstitutional the District’s Policy, both on its face and as applied to Child Evangelism Fellowship, of banning from Class III Community Service Group status those organizations it perceives as primarily religious, in violation of the First and Fourteenth Amendments to the United States Constitution; c. That this Honorable Court render a Declaratory Judgment declaring the Policy regarding Class III Community Service Groups, both on its face and as applied to Child Evangelism Fellowship, unconstitutionally vague, without determinate standards, and permissive of administrative discretion that exceeds the bounds permitted by the First Amendment; d. That this Honorable Court adjudge, decree, and declare the rights and other legal relations of the parties to the subject matter here in controversy, in order that such declarations shall have the force and effect of a final judgment; e. That this Honorable Court retain jurisdiction of this matter for the purpose of enforcing any Orders; f. That this Honorable Court award Plaintiff’s costs and expenses, including a reasonable award of attorney’s fees, in accordance with 42 U.S.C. § 1988;
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