Bar-Levy v. Cruze

CourtDistrict Court, M.D. Florida
DecidedMay 29, 2025
Docket5:25-cv-00318
StatusUnknown

This text of Bar-Levy v. Cruze (Bar-Levy v. Cruze) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bar-Levy v. Cruze, (M.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

YAAKOV BAR-LEVY,

Plaintiff,

v. Case No. 8:25-cv-318-KKM-PRL

GINGER CRUZE, in her individual and official capacity as Principal of Westport High School, et al.,

Defendants. ____________________________________ ORDER Yaakov Bar-Levy, a senior at West Port High School, moves for a temporary restraining order and preliminary injunction allowing him to wear a stole displaying the Star of David, the Israeli flag, and a U.S. Army insignia at his graduation ceremony on May 31, 2025. Mot. for Preliminary Injunction (MPI) (Doc. 3). By denying him permission to don that garment at the school’s event, Bar-Levy alleges that school officials will violate the First and Fourteenth Amendments and that the World Equestrian Center, the site of the graduation, will violate the Civil Rights of Act of 1964. The Supreme Court has long held that schools may not ordinarily censor

speech based on viewpoint. Had the evidence demonstrated viewpoint discrimination or selective enforcement, the equities otherwise favor a preliminary

injunction. But Bar-Levy fails to present evidence that the school discriminates based on religion or viewpoint in prohibiting any non-academically earned stoles and

honor cords, so he has not shown a substantial likelihood of success on the merits. I therefore deny his motion. I. BACKGROUND

Bar-Levy is “a devout practicing Jew and a dual citizen of the United States and Israel.” Verified Compl. (Doc. 1) ¶ 17. His “Jewish faith is central to his identity

and daily life,” and he “is active in religious studies and observance, and maintains traditional Jewish customs with the support of his family and community.” After

graduation, Bar-Levy, who has already completed boot camp, will attend college and serve in the National Guard. ¶ 18. To represent his faith and future, Bar- Levy seeks to wear a homemade stole at graduation on May 31, 2025. The stole

looks like this:

2 ii

Verified Compl. at 28. One side has the blue and white flag of Israel, including the

Star of David, and the other is green and emblazoned with “U.S. Army.” In a meeting earlier this month, Bar-Levy claims that Defendant Ginger Cruze, West Port’s principal, informed Bar-Levy’s father that, under a school policy, “no modifications to the graduation gown were permitted, and that any deviation

from the standard attire would be met with removal from the ceremony.” Jd. ¥ 23;

see id. § 24 (“Principal Cruze further stated that no exceptions would be granted,

even for religious purposes, and refused to consider or discuss any reasonable

accommodation.”). A follow-up conversation with the “Marion County School

District Office” confirmed that Cruze has full authority to set the graduation policy.

¶¶ 27–28. Bar-Levy sued Cruze (in both her official and individual capacities), West

Port High School administrator Scott McLain (in his official capacity), countywide Superintendent Diane Gullett (in her official capacity), the Marion County School

Board, and the World Equestrian Center (WEC). Verified Compl. ¶¶ 11–15. Bar- Levy brings § 1983 claims against the first four defendants (the government defendants), alleging violations of the Free Speech Clause, the Free Exercise Clause,

the Equal Protection Clause, and the Due Process Clause. Verified Compl. ¶¶ 36– 56, 63–68.1 Bar-Levy brings a claim against WEC under Title II of the Civil Rights

Act of 1964, 42 U.S.C. § 2000a. ¶¶ 57–62. Bar-Levy also brings a claim against the School Board and Gullett and a “chilling effect” § 1983 claim against all

defendants. ¶¶ 69–72. Shortly after filing his complaint, Bar-Levy moved for a temporary restraining order and a preliminary injunction. MPI. I held an evidentiary hearing on May 27,

2025. (Doc. 22). In support of his motion, Bar-Levy presented evidence of the

1 With respect to McLain, Bar-Levy brings only the free-speech claim. 4 religious significance of the symbolism on his stole. Rabbi Bar-Levy Decl. (Doc. 16

at 3–4) at 1–2. Bar-Levy and his father, an ordained Jewish rabbi, also testified that the school selectively enforced its graduation policy. Verified Compl. ¶ 21

(alleging that “[s]imilar forms of graduation expression - such as leis, cords, and cultural symbols - have routinely been permitted or overlooked in . . . [West Port]

High School ceremonies.”). But when pressed, both Bar-Levy and his father failed to identify any exemptions that West Port had granted to graduating students or identify any violations that West Port routinely tolerated.

In response, the defendants provided more evidence about the policy. Cruze testified that the Marion County School Board delegates to each school principal

the discretion to set the rules for permissible dress at graduation. Marion County Public Schools 2024-2025 Code of Student Conduct Secondary (Doc. 19

(4–66)) at 32 (“Regulations in reference to grooming and dress for special activities such as athletics, fine arts and drill team will be governed by the immediate person in charge of these activities under the direction of the principal.”). As for West Port’s

current policy, Cruze testified that students are allowed to wear honor cords that correspond to approved academic clubs and career and technical certifications, as

well as three stoles predicated on academic achievement. (Doc. 19) at 69– 5 78 (West Port graduation programs identifying “Honor Stoles & Cords” and

“Academically Earned Recognition Cords”); at 151, 153 (West Port website providing that “Students may only wear academically earned stoles and honor cords.

The academically earned stoles approved for the Class of 2025 are: West Port Latin Honors Stole, Phi Theta Kappa Stole, and AP Capstone Stole”). Students are not

allowed to decorate their caps. These restrictions, Cruze testified, serve West Port’s goal of celebrating academic achievements. Despite receiving requests, Cruze testified that she has never granted an

exception to these policies in the eight years that she has served as principal. Cruze is also unaware of any other school principal in Marion County granting any sort of

exception at graduation ceremonies. To prevent students from wearing non- compliant garb, Cruze stated that school employees screen graduating students as

they enter the venue. This screening process, admittedly, is not entirely foolproof, as sometimes a student may slip through undetected or get handed something as the student walks in. In such a scenario, Cruze said that she would not “wrestle

somebody on the stage” to prevent a student walking in an unapproved garment. Cruze noted that, despite having staff dedicated to quietly and unobtrusively

enforcing the rules, policing the approximately 750 students at graduation when held 6 at WEC complicates perfect compliance with the dress code.

Adam Langenmayr, who has served as West Port’s graduation coordinator since 2014, testified similarly. West Port’s policy, Langenmayr stated in his affidavit,

“accomplishes West Port’s primary objective of conducting a ceremony to commemorate each graduate’s academic achievements, and to provide a memorable

and positive experience for all graduates.” Langenmayr Aff. (Doc. 20 (11–17)) ¶ 10. Although the final decision does not rest with him, Langenmayr has always refused to grant any exception. ¶¶ 12, 14. To Langenmayr’s knowledge, the last three

West Port principals have “refused p[ro]spective graduate requests to wear personal adornments” during graduation. ¶ 15. Most of the time, West Port staff has been

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shelda Harris Bannon v. School District of Palm
387 F.3d 1208 (Eleventh Circuit, 2004)
Watts v. Florida International University
495 F.3d 1289 (Eleventh Circuit, 2007)
Gitlow v. New York
268 U.S. 652 (Supreme Court, 1925)
Cantwell v. Connecticut
310 U.S. 296 (Supreme Court, 1940)
Elrod v. Burns
427 U.S. 347 (Supreme Court, 1976)
Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Bethel School District No. 403 v. Fraser
478 U.S. 675 (Supreme Court, 1986)
Hazelwood School District v. Kuhlmeier
484 U.S. 260 (Supreme Court, 1988)
Missouri v. Jenkins
515 U.S. 70 (Supreme Court, 1995)
Good News Club v. Milford Central School
533 U.S. 98 (Supreme Court, 2001)
Locke v. Davey
540 U.S. 712 (Supreme Court, 2004)
DaimlerChrysler Corp. v. Cuno
547 U.S. 332 (Supreme Court, 2006)
Pleasant Grove City v. Summum
555 U.S. 460 (Supreme Court, 2009)
Prairie Band of Potawatomi Indians v. Pierce
253 F.3d 1234 (Tenth Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
Bar-Levy v. Cruze, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bar-levy-v-cruze-flmd-2025.