Bible Club Ex Rel. R.G. v. Placentia-Yorba Linda School District

573 F. Supp. 2d 1291, 2008 U.S. Dist. LEXIS 80121, 2008 WL 3992252
District Court, C.D. California·Decided August 28, 2008·No. SACV 08-837 CJC (PLAx)·Published·Cited by 2 cases

Opinion

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

CORMAC J. CARNEY, District Judge.

I. INTRODUCTION

Plaintiffs R.G. and Bible Club (collectively “Bible Club”) seek a preliminary injunction against Defendants Placentia-Yorba Linda Unified School District (“District”) and Esperanza High School (“EHS”) requiring the District to grant the Bible Club the same access to EHS facilities and resources enjoyed by other clubs. After carefully considering the evidence presented by the parties, the Court finds the issuance of a preliminary injunction appropriate and necessary. The Bible Club has shown that EHS has created a limited open forum by admitting student clubs, like the Red Cross Club and Students Making a Difference (“SMAD”), that are not related to the school curriculum. Because it has created a limited open forum, EHS is compelled to grant equal access to the Bible Club under the First Amendment of the United States Constitution and the Equal Access Act (“EAA”), 20 U.S.C. § 4071, a statute that codifies high school students’ rights to form clubs.

Although schools have discretion in framing and developing their curricula, First Amendment protections extend onto campuses. “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Tinker v. Des Moines Ind. Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). The Tinker Court also recognized that the schools’ educational function is not *1294 limited to rote classroom instruction, but extends to more informal interactions between students. 1 This freedom, for students to choose between participation in diverse clubs and to shop in the marketplace of ideas, furthers one of the schools’ most important educational missions: to develop leaders and citizens capable of democratic participation. Id. at 512, 89 S.Ct. 733.

The First Amendment and the EAA bar a public school from discriminating against religiously oriented or politically oriented speech if it creates an open forum. However, a school may legally maintain itself as a closed forum, keeping a tight grip on students’ activities by allowing only those groups directly related to the curriculum to meet on campus. The extent of that grip, however, can undermine a school’s larger educational mission. In a time when other outside influences, many negative, vie for high school students’ attention, it makes no sense for a school to narrow its overwhelmingly positive extracurricular and co-curricular offerings by preventing students from organizing new clubs or keeping groups like the Bible Club off campus. In any event, to enforce the EAA and to protect the Bible Club’s First Amendment rights, the Court must issue a mandatory injunction directing EHS to grant the Bible Club the same access to EHS facilities and resources enjoyed by other clubs.

II. BACKGROUND

A. The Bible Club

In May, 2008 Plaintiff R.G., then a sophomore at EHS, and three other EHS students applied to the school to form the Bible Club. (Verified Compl., Ex. A, Proposed Bible Club Charter (“Proposed Charter”).) The Bible Club’s proposed purpose was “to study the Bible and other related pieces of literature.” (Proposed Charter.) The Bible Club planned to provide volunteers to soup kitchens at Christmas and Thanksgiving. (Proposed Charter.) It also procured a faculty advisor. (Proposed Charter.) R.G., who would have served as the Bible Club’s founding president, desired to use the club as a forum to discuss diverse issues, including faith and religion, human sexuality, human rights, and bullying and taunting. (Comply 21.) R.G. desired to worship, pray, study the Bible and other literature, and enjoy fellowship together with other students at Bible Club meetings. (Comply 20.) R.G. also wished to use the club as a platform to plan specific ways to feed the poor, help the homeless, and protect the weak and vulnerable in society. (Compl.¶ 21.) On May 28, 2008 EHS Activities Director Jason Kaylor denied the Bible Club’s charter, citing board policy 6145.5. (Proposed Charter.) Soon thereafter, while other approved EHS student groups have been preparing for the fast-approaching 2008-2009 school year, the Bible Club filed this action.

B. Clubs at EHS

At least 32 student clubs or groups were recognized by the EHS yearbook for the 2007-2008 school year. (Compl. Ex. C, Clubs and Organizations Index from EHS’ 2007-2008 Yearbook (“Index”).) The Index reveals a variety of activities and clubs *1295 available to EHS students. 2 The District’s policy governing the admission of student clubs states:

All such clubs and organizations must have a relationship to the curricular and instructional programs, and the purposes, and/or objectives shall be an extension of a specific program or course offering.

(Def.’s Mem. of Points and Authorities in Opp’n to Pl.’s Mot. For Prelim. Inj. (“Defs Mem.”) Ex. 1, Policy on Student Clubs and Organizations.)

After the Bible Club filed this action, the District reviewed the status of clubs at EHS to determine if EHS was in compliance with District policy. (Second Supp. Decl. of Dr. Dennis Smith in Opp’n to Mot. for Prelim. Inj. (“Smith Decl. 2”) ¶ 7.) District Superintendent Smith conducted the review because he believed EHS’ practice of allowing certain groups on campus while restricting others might have been unconstitutional. (Def.’s Mem. at 1.) However, after reviewing the groups on campus, Dr. Smith determined that certain EHS clubs — the National Honor Society, California Scholarship Federation, Best Buddies Club, and Red Cross Club — were in compliance with the District policy as well as the requirements of the EAA and the First Amendment. (Smith Decl. 2 ¶ 5.) The District has rendered no opinion as to whether the other clubs at EHS are in compliance with the policy. 3

C. The Red Cross Club

EHS chartered Red Cross Club for the 2007-2008 school year and presumably will charter it for the 2008-2009 school year as well, as Dr. Smith has determined it complies with District policy. (Smith Decl. 2 ¶ 10.) The Red Cross Club is a chapter of a larger national and international organization of the same name. The club defines its purpose and relationship to the school curriculum as:

“To promote a general understanding of the importance of personal health and well being. Red Cross Club informs and educates its members how to live safe, healthy ... lives, and, more importantly, how to translate those lessons into improving the lives of others.”

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Bible Club Ex Rel. R.G. v. Placentia-Yorba Linda School District, 573 F. Supp. 2d 1291, 2008 U.S. Dist. LEXIS 80121, 2008 WL 3992252 (C.D. Cal. 2008).

573 F. Supp. 2d 1291 (Bible Club Ex Rel. R.G. v. Placentia-Yorba Linda School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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