Child Evangelism Fellowship v. Minneapolis Special School District No. 1

822 F. Supp. 2d 878, 2011 U.S. Dist. LEXIS 113380, 2011 WL 4584140
CourtDistrict Court, D. Minnesota
DecidedSeptember 30, 2011
DocketCivil No. 10-2687 (JRT/JJK)
StatusPublished

This text of 822 F. Supp. 2d 878 (Child Evangelism Fellowship v. Minneapolis Special School District No. 1) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Child Evangelism Fellowship v. Minneapolis Special School District No. 1, 822 F. Supp. 2d 878, 2011 U.S. Dist. LEXIS 113380, 2011 WL 4584140 (mnd 2011).

Opinion

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

JOHN R. TUNHEIM, District Judge.

Child Evangelism Fellowship of Minnesota (“CEF”) brought this action against Minneapolis Special School District No. 1 (“the District”) seeking preliminary injunctive relief preventing the District from violating CEF’s freedom of speech, free exercise of religion, and other constitutional rights. CEF alleges that the District abruptly revoked CEF’s right to participate in an after school program upon a complaint that CEF was engaging in religious activity with students. Because the Court finds it unlikely that CEF will prevail on the merits of its claim and that no irreparable harm will accrue to CEF if preliminary injunctive relief is denied, the Court denies CEF’s motion for a preliminary injunction.

BACKGROUND

I. CHILD EVANGELISM FELLOWSHIP

The Child Evangelism Fellowship of Minnesota is the local chapter of an international non-profit Christian organization headquartered in Missouri. Among the ministries sponsored by CEF is the Good News Club (“GNC”), an after-school program open to children ages five through twelve. (Decl. of David Tunell ¶¶ 1-2, Oct. 31, 2010, Docket No. 12.) CEF describes its activities as encouraging learning, spiritual growth, service to others, and providing activities that support the development of social, mental, physical, and creative abilities of school-age children as structured youth programs. (Id. ¶ 2.) CEF conducts GNC meetings after school, generally on public elementary campuses, because it finds them convenient and safe for students and parents. (Id. ¶ 5.) GNC meetings include Bible lessons, creative learning activities, stories about missionaries and biblical figures modeling spiritual and personal leadership, songs, and scripture memorization. Additionally, at GNC meetings children are “introduced to Jesus Christ as their savior.” (Decl. of Stephen M. Crampton, Jan. 3, 2011, Exs. M-N, Docket No. 11.) At oral argument, counsel for CEF acknowledged that prayer occurs at GNC meetings. No fees are charged for attending GNC meetings, and no tithes or contributions are taken during meetings.

GNC meetings are open to all children regardless of religion, so long as they obtain written permission from their parents. CEF produces flyers to promote GNC meetings, which say: “At clubs, children are introduced to Jesus Christ as Savior and taught Biblical principles for living.” (Aff. of Sandra McDonald, Jan. 21, 2011, Ex. C, Docket No. 17.) Another flyer states, “CEF is an interdenominational missionary organization that seeks to evangelize boys and girls with the Gospel of the Lord Jesus Christ and to disciple them in the Word of God.... ” (Aff. of Linnea Hacket, Jan. 21, 2011, Ex. B, Docket No. 21.)

GNCs do not provide after-school transportation. Thus, the central location of an elementary school, and use of the after school activities bus to bring students home allows parents to register their children in the GNC as they would for other organizations’ programs. (Tunell Decl. ¶¶ 5-6.)

II. MINNEAPOLIS SPECIAL SCHOOL DISTRICT NO. 1 AND THE COMMUNITY PARTNER ONLINE PROCESS

The District implemented the Community Partner Online (“CPO”) process in the [882]*8822005-06 school year in order to formalize the way in which the District screens individuals or organizations that interact with students or are on District property when students are present. (Aff. of Robyn Cousin ¶ 2, Jan. 24, 2011, Docket No. 18.) The District’s policies provide that “any non-school, non-district sponsored group or individual may apply to become a Community Partner (“CP”) with the Minneapolis Public Schools” through the CPO process. (District Policy 1301, Cousin Aff. Ex. B.) In order for individuals or organizations to become certified as a Community Partner, they must complete the application, review and execute a “Standard Assurances” signature page, submit proof of insurance, and, in some circumstances, provide Articles of Incorporation or proof of appropriate licensure. (Cousin Aff. Exs. C, E.)

District Policies 1301 and 1301 A describe the selection that occurs in the CPO process to determine which Standard Assurances the individual or organization is required to sign and any additional requirements that must be met in the application process to obtain certification. To complete the CPO process, potential CPs must also execute a written contract relating to their participation with the District which also needs to be signed by a school principal or Site Coordinator. (Id. Exs. D-E.) Once the CPO application is complete, the District provides potential CPs with a Discussion guide (Id. Ex. F) to help the District and the proposed CP determine if and how they will work together to reach an agreement on a CPO contract.

The partnership eventually agreed upon may include various types of arrangements, including use of the District’s facilities, the opportunity for the CP to distribute flyers through the District’s flyer distribution process, the CP’s work at the school during school hours, or participation by the CP in the District’s After-School Program. (Id. ¶¶8, 10-12.) The District distributes CPs’ flyers to students to take home to their parents for review. All flyers distributed through the District flyer distribution process must include the following disclaimer: “The Minneapolis Public Schools is legally unable to and cannot sponsor, endorse or recommend the activities announced by this flyer.” (Aff. of Colleen Sanders, Jan. 25, 2011, Ex. H, Docket No. 19.) Meetings and recreational spaces are free of charge to not-for-profit groups that provide programs and services to children and other community members. (Id. ¶ 6.) Once the CP and the District reach an understanding of the relationship and their respective roles, the CP and the school principal or site administrator for the District sign a contract, completing the CPO process.

III. DISTRICT SPONSORED AFTER-SCHOOL YOUTH ENRICHMENT PROGRAM

The After-School Youth Enrichment Program (“After-School Program”) allows a public school board to “initiate a community education program in [their] districts] and provide for the general supervision of the program.” Minn.Stat. § 124D.19, subd. 1. “Each board may, as it considers appropriate, employ community education staff to further the purposes of the community education program.” Id. Pursuant to this statute, the District created a Community Education Department (“CED”) to provide opportunities for local citizens, schools, agencies, and institutions to become active partners in addressing education and community concerns. (Aff. of Jack Tamble ¶ 2, Jan. 25, 2011, Docket No. 20.)

The statute further provides:

Subd. 12. Youth after-school enrichment programs. Each district operating a community education program un[883]*883der this section may establish a youth after-school enrichment program to maintain and expand participation by school-age youth in supervised activities during nonschool hours. The ... programs must include activities that support development of social, mental, physical, and creative abilities of school-age youth; provide structured youth programs during high-risk times; and design programming to promote youth leadership development and improved academic performance.
Subd. 13. Youth after-school enrichment program goals. The goals of youth after-school enrichment programs are to:

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822 F. Supp. 2d 878, 2011 U.S. Dist. LEXIS 113380, 2011 WL 4584140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/child-evangelism-fellowship-v-minneapolis-special-school-district-no-1-mnd-2011.