Gregoire v. Centennial School District

907 F.2d 1366, 1990 WL 84016
CourtCourt of Appeals for the Third Circuit
DecidedJune 22, 1990
DocketNos. 89-1658, 89-1692
StatusPublished
Cited by14 cases

This text of 907 F.2d 1366 (Gregoire v. Centennial School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gregoire v. Centennial School District, 907 F.2d 1366, 1990 WL 84016 (3d Cir. 1990).

Opinions

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In these cross appeals we are asked to resolve a direct conflict, of constitutional proportions, between a public school district and a religious organization, over the use of school facilities. The dispute comes [1369]*1369to us from a final order of the district court granting a permanent injunction which enjoined the Centennial School District from refusing to open the facilities of the William Tennent High School to groups wishing to engage in religious speech. Centennial appeals the grant of this permanent injunction, claiming that it is not constitutionally required to open its facilities and, in fact, is mandated by the establishment clause to exclude at least certain types of religious speech. The beneficiary of the permanent injunction (“Student Venture”) cross appeals on the ground that the district court stopped short; it contends that the district court erred when it did not include worship and distribution of religious literature within the mandate of the injunction. Because we find that Centennial, by its policy and practice, created a designated open forum and that the establishment clause is not violated by Student Venture’s use of the school facilities, we will affirm the grant of the permanent injunction and will remand this matter to the district court to modify the injunction to include these additional categories of speech.

I.

This dispute arose when Student Venture, an evangelical Christian Youth Organization which is a subsidiary of the Campus Crusade for Christ, Inc., was denied permission to rent the auditorium of the William Tennent High School for the evening of October 31, 1987. Student Venture sought use of the auditorium for a performance of a well-known illusionist/magi-eian, André Kole. Kole often appears as a traveling representative for Campus Crusade. He performs and then, after an intermission when anyone may leave, he delivers an account of his investigation of the miracles of Christ and how his discovery that Jesus Christ was who he claimed to be changed the course of Kole’s life.

The Centennial School District denied Student Venture’s request to use the auditorium, citing School District Policy 6.2.D which stated that “Pennsylvania law specifically prohibits the use of school facilities for religious services, instruction, and/or religious activities.”1 Student Venture then filed suit in the U.S. District Court for the Eastern District of Pennsylvania, claiming that denial of the use of the facility violated its first amendment freedoms of speech and assembly, the fourteenth amendment’s equal protection clause, and both the free exercise and establishment clauses of the first amendment.

On October 28, 1987, the district court issued a preliminary injunction enjoining Centennial from refusing to rent public school facilities to groups or individuals solely because of the religious content of their speech. Centennial was also enjoined from refusing to rent to Student Venture and the Kole performance went forward on October 31st.

The district court’s issuance of the preliminary injunction was based on the conclusion that Centennial had created an “open forum” for free speech and assembly at its school facilities by renting them to a wide range of community groups. Given this open forum, Centennial could not refuse to rent to a group solely because of the religious content of the group’s message. Gregoire v. Centennial School District, 674 F.Supp. 172, 179 (E.D.Pa.1987) aff'd without opinion, Appeal of Centennial School Dist., 853 F.2d 917, 918 (3d Cir.1988).

On March 8, 1988, Centennial revised its guidelines for facilities use. The new policy purports to limit access to those organizations, groups, and activities which are compatible with the mission and function of the school system. The revised policy does not permit the use of high school facilities for religious services and imposes a ban on the distribution of religious literature.

On the ground that it would request use of the Centennial facilities again for religious purposes, Student Venture sought to have Centennial’s facilities use policy en[1370]*1370joined and a permanent injunction issued prohibiting Centennial from preventing its access to school facilities based on the religious content of its message. The district court granted permanent injunctive relief on November 30, 1988, relying again on the open-forum analysis; Gregoire v. Centennial School District, 701 F.Supp. 103 (E.D.Pa.1988). Centennial appeals from this final injunctive order.

Following the grant of injunctive relief, Student Venture filed a Motion for Clarification in the district court, asking that the court’s order be amended to enjoin Centennial from prohibiting religious “worship” as well as religious “speech” and from barring distribution of religious literature at school facilities. On July 25, 1989, the district court denied this motion and Student Venture appeals.

These appeals require that we resolve complex issues of constitutional law, balancing a claimed violation of first amendment rights against a substantial first amendment defense. Where, as here, the facts are not in dispute and the parties challenge the choice, interpretation, and application of legal precepts, our review is plenary. Universal Minerals, Inc. v. C.A. Hughes & Co., 669 F.2d 98, 101-02 (3d Cir.1981). Recognizing that our decision will have significant import for school districts throughout this circuit, we turn to the issues presented on appeal.

II.

There is no question that religious discussion and worship are forms of speech and association protected by the first amendment. Widmar v. Vincent, 454 U.S. 263, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981). There is also no question that Centennial seeks to exclude Student Venture and other religious organizations from its facilities based on the content of their speech.

We recognize at the outset that a school district is under no obligation to open its facilities to expressive activity by outsiders. “The state, no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated.” Perry Educ. Assn. v. Perry Local Educators’ Ass’n., 460 U.S. 37, 46, 103 S.Ct. 948, 955, 74 L.Ed.2d 794 (1983). It is when the government opens facilities not generally available to the public that legal questions relating to equal access arise.

This established, we turn our focus to the issue at the very center of this litigation: what are the legal characteristics of the forum created by the school district at William Tennent High School? Limitations which the government may lawfully place on classes of speech vary, depending upon whether the relevant forum is determined to be a traditional open forum, a public forum created by government designation or a non-public forum.

The “traditional public forum” has been defined in terms of places such as streets or parks which “have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” Hague v. CIO,

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Bluebook (online)
907 F.2d 1366, 1990 WL 84016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregoire-v-centennial-school-district-ca3-1990.