American Humanist Ass'n v. Douglas County School District Re-1

158 F. Supp. 3d 1123, 2016 U.S. Dist. LEXIS 6544, 2016 WL 233383
CourtDistrict Court, D. Colorado
DecidedJanuary 20, 2016
DocketCivil Action No 14-cv-02878-RBJ
StatusPublished

This text of 158 F. Supp. 3d 1123 (American Humanist Ass'n v. Douglas County School District Re-1) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Humanist Ass'n v. Douglas County School District Re-1, 158 F. Supp. 3d 1123, 2016 U.S. Dist. LEXIS 6544, 2016 WL 233383 (D. Colo. 2016).

Opinion

ORDER

R. Brooke Jackson, United States District Judge

Plaintiffs complain that the Douglas County School Board and related entities and individuals are unlawfully promoting Christian religion in the County’s public schools. All parties have moved for summary judgment. Because the Court finds that none of the plaintiffs who have brought the suit have legal standing to do so, it does not address the merits of the claims. Plaintiffs’ motion is denied, and defendants’ motion is granted.

BACKGROUND

The following facts are undisputed except’ where otherwise noted. Plaintiff American Humanist Association, Inc. (AHA) is a nonprofit organization that promotes the “separation of church and state and the constitutional rights of humanists, atheists and other freethinkers.” ECF No. 1 at ¶ 5. AHA brings this suit to “assert the First Amendment rights of its members.” Id. Plaintiffs John Doe, Jill Roe, and Jane Zoe are individual members of AHA. ECF No. 59 at 8.

Doe Plaintiffs. John Doe brings this claim individually and as a parent of his minor children. The Doe children, both of whom were individually named as plaintiffs, attend SkyView Academy, a charter school within the Douglas County School District. ECF Nos. 47 at 2 n.2; 50 at 3.

Roe Plaintiffs. Jack and Jill Roe have two children who attend schools within the District. ECF No. 47 at 2 n.2. Their children were not individually named as plain[1127]*1127tiffs. Roe Son is- a student at Douglas County High School, and Roe Daughter attends Aspen View Academy, a charter school. ECF No. 50 at 3.

Zoe Plaintiff. Jane Zoe has two children who attend Cougar Run Elementary School. ECF No. 47 at 2 n.2. The children were not individually named as plaintiffs. During the 2013-2014 school year Zoe Son was enrolled in preschool teacher Cammile Espinosa’s class. ECF No. 50 at 3. Ms. Zoe later enrolled her younger child (Zoe Daughter) in Ms. Espinosa’s preschool class. ECF No. 50 at 7.

Plaintiffs name a number of defendants. The Douglas County School District (sometimes referred to herein as “the District” or as, “DCSD”) is a large public-scho.ol district in the greater Denver area. ECF No. 50 at 2. The District is run by the Douglas County School Board which has seven elected members. Id. Elizabeth Celania-Fagen is the superintendent of the District. Id. John Gutierrez is the principal of Cougar Run Elementary School. Id. Jerry Goings is the principal of Highlands Ranch High School. Id. Michael Munier and Wendy Koceski are the former and present elementary principals of SkyView Academy, and Lisa Nolan is SkyView’s executive director. However, plaintiffs’ claims against Mr. Munier were voluntarily dismissed shortly- after the Complaint was filed, and the parties later settled plaintiffs’ claims against Ms. Koceski and Ms. Nolan. Thus, all claims against the individual SkyView defendants have been dismissed with prejudice. ECF Nos. 35 at 2; 36 at 2; 50 at 4.1

Plaintiffs filed this case out of concern about religious. events and activities that have occurred at various schools within the District. They allege violations of the Establishment Clause' of the First Amendment' of the United States Constitution and the Equal Access Act, 20 U.S.C. §§ 4071-4074. ECF No 47 at 2.

Operation Christmas Child.

In July 2014 Mr. Doe contacted Mr. Roe to “discuss pursuing litigation against Sky-View and DCSD.” ECF No. 50 at 3. Mr. Doe was concerned about Operation Christmas Child (OCC) activities at Sky-View. Id. Samaritan’s Purse, “an evangelistic Christian organization,” sponsors OCC. ECF No. 47 at 6. OCC boxes are taken to “processing” centers where Christian materials, including booklets and other literature, are added to them. Id. OCC collects items to be placed in shoeboxes “to be sent to needy children around the world.” ECF No. 50 at 8.

A number of schools within the District, including Douglas County High School and SkyView Academy, have participated in OCC. ECF No. 47 at 6. In 2014 “DCHS teachers organized OCC in a 90-minute ‘homeroom’ class” for freshman at DCHS. Id. -at '7-8; ECF No. 47-3 at 12. OCC activities at the other schools “generally included teachers organizing OCC during class, using school email and newsletters to promote OCC, and bringing in supplies [1128]*1128for student [sic] to pack boxes.” ECF No. 47 at 8.

Fellowship of Christian Athletes Trip to Guatemala.

In March 2014 Amanda Berry, a student at. Highland Ranch High School, organized a trip to Guatemala. ECF No. 50 at 4. Ms. Berry and the other students involved in the efforts were members of the school’s chapter of the Fellowship of Christian Athletes (FCA). Id. The FCA is “a Christian organization with clubs in many schools.” ECF No 47 at 2. Ms.. Berry contacted the Christian organization “Adventures in Missions” (AIM), and AIM “planned all Guatemala Trip activities.” ECF Nos. 47 at 2; 50 at 4. Fourteen students traveled to Guatemala over spring break. ECF No. 47 at 2. Two HRHS teachers, Alexandra Ma-lach and Bradley Odice, chaperoned the trip. Id, All of the participants, including the chaperones, paid their own way. ECF No. 50 at 5. One goal of the trip was to “introduce [children] to the Bible” and “promote Christianity.” ECF No. 47 at 2.

Ms. Malach created “fundraising flyers” to raise money for the trip. Id. at 4. Ms, Berry also organized fundraising events including babysitting .nights and a pancake breakfast. ECF No. 50 at 5. Cougar Run Elementary School participated in some of the fundraising efforts, ECF No. 47 at 4. For example, Cougar Run “partnered” with FCA to “organize school-wide fundraisers for the mission trip.” Id, FCA students delivered. fundraising flyers to Cougar' Run and other elementary schools. EOF No. 50 at 5., Cougar Run placed the flyers in students’ “take-home” folders. Id. Additionally, Cougar Run teacher Micki Benge volunteered to have her sixth-grade class organize a “supply drive” to benefit the Guatemala trip. ECF No. 47 at 5. Ms. Benge printed a flyer “promoting the Mission Trip to parents” and . sent it home in student folders. Id. Ms. Zoe received one of the flyers in her son’s folder, which asked'Zoe Son and his class to donate “temporary tattoos.” Id. Additionally, Zoe Son’s preschool teacher Ms. Espinosa emailed the parents of children in her class to encourage their participation in the supply drive. Id, The email indicated that Cougar Run is “partnering with HRHS on this effort — specifically the FCA (Fellow-, ship of Christian Athletes) organization.” Id. Principal Gutierrez also emailed Cougar Run families asking for monetary donations. Id.

Faculty Participation in Fellowship of Christian Athletes.

Plaintiffs raise concerns about teachers and school staff participating with.FCA chapters at numerous schools. ECF No. 47 at 8. Plaintiffs specify that' “faculty throughout the District participate in FCA meetings and pray with students, serve as the FCA contact person, write letters on behalf of FCA with school letterhead... organize FCA events.. .promote FCA football camps, and even initiate FCA clubs.” ECF No. 58 at 13 (emphasis in original). At some schools, “FCA was initiated by staff without any student initiation of any kind.” ECF No. 47 at 9.

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Bluebook (online)
158 F. Supp. 3d 1123, 2016 U.S. Dist. LEXIS 6544, 2016 WL 233383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-humanist-assn-v-douglas-county-school-district-re-1-cod-2016.