Home » Legislature & Courts » Briefs and Complaints » Religious Liberty Briefs and Complaints
Adler v. Duval County School Board
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
EMILY ADLER, individually; SETH FINCK, individually; STELLA FINCK, individually and as Next Friend of the minors RACHEL FINCK, AARON FINCK and BENJAMIN FINCK; ROBERTA NORD, individually and as Next Friend of the minors LUCY NORD and TYLER HURLEY; and JONATHAN RAND, individually; on behalf of themselves and all persons similarly situated,
Plaintiffs,
vs.
THE DUVAL COUNTY SCHOOL BOARD and THE DUVAL COUNTY PUBLIC SCHOOL DISTRICT,
Defendants.
VERIFIED COMPLAINT
(PRELIMINARY INJUNCTION SOUGHT)
Plaintiffs bring this action seeking monetary damages, injunctive and declaratory relief against Defendants and allege the following:
1. This is an action for damages, injunctive and declaratory relief under the First and Fourteenth Amendments to the United States Constitution. Plaintiffs seek to prohibit the Defendants from sponsoring and conducting religious exercises during high school graduation ceremonies throughout the Duval County Public School District and seek compensatory damages resulting from certain of the plaintiffs having been subjected to such unconstitutional exercises in the past and for damages of plaintiffs if the parties sought to be enjoined are not preliminarily enjoined. Plaintiffs also seek an order declaring defendants' relevant policy, both facially and as applied, to be unconstitutional.
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(3), 42 U.S.C. § 1983, and 28 U.S.C. § 2201, relating to declaratory judgments.
3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b).
PARTIES
Individual Plaintiffs
4. Emily Adler is an adult resident of Duval County, Florida, who now attends Mandarin Senior High School in the Duval County Public School District, from which school she presently is scheduled to graduate on June 3, 1998.
5. Seth Finck is an adult resident of Duval County, Florida, who now attends Stanton College Preparatory School in the Duval County Public School District, from which school he presently is scheduled to graduate on June 2, 1998.
6. Stella Finck is an adult resident of Duval County, Florida, and the mother of two minor children, Rachel Finck and Aaron Finck, who attend Stanton College Preparatory School in the Duval County Public School District, from which school they are scheduled to gradate in the years 1999 and 2000, respectively. Stella Finck also is the mother of Benjamin Finck, residing in a location in which students presently are assigned to Mandarin Senior High School unless placed in magnet programs of other high schools. Stella Finck brings this action on her own behalf and Rachel Finck, Aaron Finck and Benjamin Finck brings this action through their mother, Stella Finck.
7. Roberta Nord is an adult resident of Duval County, Florida, and the mother of two minor children, Lucy Nord, age 9, and Tyler Hurley, age 12, enrolled in public schools of the Duval County Public School District. Lucy Nord and Tyler Hurley will remain in such public schools through high school and reside in a location in which students presently are assigned to Englewood High School unless placed in magnet programs of other high schools. Roberta Nord brings this action on her own behalf, and Lucy Nord and Tyler Hurley bring this action through their mother, Roberta Nord.
8. Jonathan Rand is an adult resident of Duval County, Florida, who now attends Stanton College Preparatory School in the Duval County Public School District, from which school he presently is scheduled to graduate on June 2, 1998.
Class Allegations
9. Emily Adler, Roberta Nord, Lucy Nord, Tyler Hurley and Jonathan Rand bring this action individually and as a class action, pursuant to Fed. R. Civ. P. 23(a) and (b)(2), on behalf of a class of individuals who have graduated from high schools of the Duval County Public School District since in or about June, 1993, or who will graduate from such high schools in the future, during ceremonies conducted in accordance with guidelines established by the Duval County School Board in relation to "graduation prayer." The class is defined as all such persons who, by virtue of their individual religious beliefs, have been or will be injured by the Duval County School Board guidelines regarding "graduation prayer."
a. The defined plaintiff class of individuals who have been or will be injured by the referenced Duval County School Board policy and its implementation is so numerous that it is impracticable to join each member as an individual plaintiff. Voting and other procedures of senior class members and officers at various of defendants' high schools since promulgation of the policy challenged herein reflect that hundreds of students have in the past, and presently do, oppose on religious grounds the religious messages sponsored or conducted at graduation exercises by defendants.
b. There are questions of law and fact common to the members of such class, including whether the Duval County School Board policy at issue facially, and its implementation and application, have a non-secular purpose, have the primary effect of advancing religion, excessively entangle the defendants with religion, endorse religion and/or coerce participation in or acquiescence to religious practices by students opposed to such practices.
c. The claims of the named plaintiffs are typical of the claims of the class in that each of the named plaintiffs and class members have been or will be injured by the referenced Duval County School Board policy regarding graduation prayer, or by the implementation and application of said policy.
d. The named plaintiffs will fairly and adequately represent the interests of the class members in that they have no interests antagonistic to the class; they seek declaratory and injunctive relief which will inure to the benefit of all members of the class; and they are represented by counsel who are competent and experienced in civil rights and class action litigation.
e. The defendants have acted or refused to act in a manner generally applicable to the class, making appropriate preliminary injunctive relief and final injunctive and declaratory relief with respect to the entire class.
Defendants
10. Defendant Duval County School Board ("School Board") is the governing body of the Duval County Public School District ("District"), and is organized under the laws of the State of Florida for the purpose of providing public education to residents of Duval County, Florida.
11. Defendant Duval County Public School District is a subdivision of the State of Florida, operating under the authority of the State.
12. The School Board and its agents have and do promulgate, apply and implement policies and practices of public high school graduation exercises in Duval County, and the School Board and School District are legally responsible therefor.
13. The defendants, at all times material herein, have acted and continue to act under the color of law, custom and usage of the State of Florida.
FACTS
14. The Duval County School Board, for many years, sponsored prayers and other religious messages at public high school commencement or graduation exercises conducted by the School Board.
15. Following the decision in Lee v. Weisman, 505 U.S. 577 (1992), the School Board promulgated a policy, on July 22, 1992, prohibiting "prayer, benediction, or invocation at any graduation ceremonies" conducted or sponsored by the School Board. See Exhibit "A," attached hereto.
16. Subsequently, at the behest of sectarian advocates "fishing" for a way to ensure prayer at graduation exercises, the defendants, through their agents, determined that students would "perform in the way of developing, administering, delivering the prayer at commencement," and, pursuant to such avowed non-secular purpose, promulgated a policy that repealed the July 22, 1992 policy.
17. On May 5, 1993, the School Board, through its agents, promulgated a policy regarding "Graduation Prayers," which policy allows prayers and other religious messages at high school graduation ceremonies sponsored and conducted by the School Board. The policy and guidelines do not limit the messages to secular content. See Exhibit "B," attached hereto.
18. The School Board, by a vote of its members on or about June 1, 1993, effectively ratified and adopted the promulgated policy by rejecting a motion to overrule the challenged guidelines and policy, and their application.
19. Under the policy promulgated by the defendants, prayers and other religious messages at graduation ceremonies have been and will be led by one student who chooses the specific content. That material will be consistent with the religious beliefs of the volunteer and there is no requirement that such material be secular, or even non-sectarian in nature. Additionally, under the policy, such material is permitted to be religious in nature.
20. Because the School Board sponsors and conducts the high school graduation ceremonies, and promulgated the challenged policy, any religious messages at such ceremonies will be associated with and endorsed by the School Board, the School District and its policies.
21. Under the policy promulgated, religious instruction, invocation, and prayer at the high school graduation ceremonies have been endorsed and approved by the defendants herein and has been incorporated into the policy and guidelines of the School Board.
22. A transcript of the pertinent portion of the Duval County School Board meeting on or about June 1, 1993, has been certified as a true and accurate representation of the statements it purports to contain by attached Exhibit "C" and is itself attached hereto as Exhibit "D", and demonstrates that the defendants established the policy at issue in this case for the purpose of advancing religion. For example, the transcript reflects certain remarks by individual defendants who are, or were at the time, members of the Duval County School Board.
Bill Parker: I'd like to read this into the record as to my feelings on this controversy we're going through. When you vote for something, you usually are automatically voting against something. I don't think that's the case here because I know there are other Board Members who feel the same as I do. We have mixed emotions. But in good conscience, I cannot vote to allow our '93 graduating class to have a few minutes of silent meditation when we all know that in the past, someone has prayed out loud to thank the Lord for the twelve great and successful years during this period of time. And now we want silence. This very evening we had this meet -- we opened this meeting with a prayer and we pledged allegiance to this flag. It represents our nation under God. America became great because it was founded by men who believed in a Supreme deity. Again, I say I cannot retreat to install this motion as policy established by this Board. I think that our school principals should be allowed to work out a non-sectarian message with our student chaplains, or a guest minister, rabbi, or whatever would be acceptable to all at this very important time in our young people's lives. We need to tell everyone that our free public schools are the cornerstone of this republic and that we want to preserve this country and the things that made it great, that we are all here because of God. And, I happened to feel this way.
[Exhibit "D", pp 1-2] (emphasis added).
* * *
Nancy Corwin: God is not going away. Neither is our godly heritage for which American patriots sacrificed their lives and fortune from the time of the American Revolution through Desert Storm. Americans who believe this have rights too. The free public education system in America is based on the principles of good citizenship. I truly believe this Board is dedicated to the premise that acceptable standards of conduct be formed in our students including self-respect and respect for others regardless of race or religion. I also believe that the democratic process in which seniors were given the ability to choose which form of inspirational message, if any, they wanted at their commencement was an appropriate one and I'm going to stand by it.
[Exhibit "D", p.5] (emphasis added).
* * *
Stan Jordan: I went back and read the First Amendment which everybody refers to and when it was presented, it was really the Third Amendment because there were twelve and some were not approved, so it was originally number three and it moved to number one. And that's why we call it the First Amendment. It was written by a guy named "Fisher Aimes". And in no way if Fisher Aimes were here today would he ever, ever support the kind of discussion and debate that our illustrious Supreme Court has handed us with their 1962 decision. In fact, if you go to the Supreme Court, I believe you will find the Ten Commandments are still on the wall and, interestingly enough, they open -- they open their sessions with prayer. The Supreme Court. Over the House of Representatives' Chair's seat, you see "In God We Trust". If you walk up the Washington Monument, every step of the Washington Monument, at every landing, there are scriptures from the holy word on every -- from the Old Testament and the New all the way to the top of the Washington Monument. And on top of the Washington Monument at the cap -- the cap that seals the very top of the Washington Monument, it says "Praise be to God". I wonder, Mr. Chairman, and members of the Board, what's next? Will we stand in silence as we sing "God Bless America"? You know, we'll sing in silence. What about the Pledge of Allegiance? If you challenge and stand for what you feel is right and that's why we are elected. In 1962, the Bible went out of the school and in 1992-93, the bullets come in. You don't have to be a brain surgeon to figure out that where we are going in America, black and white, rich and poor, hispanics, asians, what have you, are very security is threatened. There is an old saying, if you like what you're getting, keep doing what you are doing.
[Exhibit "D", pp.7-8] (emphasis added).
23. The primary effect of the Duval County School Board policy regarding graduation prayer has been to, and imminently threatens to, promote, endorse and coerce participation in religion by the state. For example, as a direct consequence of said policy, a "senior message" was delivered at the commencement ceremony for Mandarin Senior High School on Monday, June 7, 1993, by the "senior class chaplain", as follows:
First and foremost, we give thanks to our parents for providing the love and support that we have too many times taken for granted. We thank our teachers for challenging our minds and inspiring us to greater achievements. And finally to our special friends who are present today, we thank you for sharing in our joy.
We, as a class are entering a new chapter in our lives. As we enter this new time, there will be many decisions to be made, decisions that will shape our future.
We ask for divine guidance, strength, and a burning desire to move ahead and succeed. In God's name we pray. Amen.
[Exhibit "E", p.2].
Likewise, pursuant to the referenced School Board policy, at the thirty-seventh annual commencement for Terry Parker High School on June 7, 1993, the following statement was delivered:
Mr. Scott Adams: Let us pray. Dear Heavenly Father, as we come to a significant time in our life, we have so much to be thankful for. Lord, we thank you for our teachers and the parents we have that have influenced our lives so much in the past years. We thank you for the friends we have made during high school, Lord, that we will remember during the rest of our lives. We thank you for our education that will enable us to succeed in life. We thank you for your unconditional love and we thank you for the opportunity to pray. May that right never be taken away from us. In your precious name we pray. Amen.
[Exhibit "F", p.3].
Likewise, pursuant to the referenced Duval County School Board policy, the following statement was made at the commencement ceremony of Nathan Bedford Forrest High School on June 8, 1993:
Rupal Ishwar Patel: In honor of the graduating class of 1993, let us pray.
Thank you God, for the little things that often come our way, the things we take for granted but don't mention when we pray: the unexpected courtesy, the thoughtful, kind or deed, a hand reached out to help us at a time that is in need. Oh, make us more aware, dear God, of little daily graces that come to us with sweet surprise from ever changing places.
God, grant us grace to use all the hours of our days, not for our own interests, and our own wilful ways, but to teach us to take time to listen and for learning, so each day is spent wisely in doing what is meant for us to do.
Oh, God, our help and haste in house, our golden years to be, look down upon us all tonight and make us more like thee. Give us understanding, enough to make us kind, so we can judge all people with our heart and not our mind.
On this graduation day, I would like to thank you for helping us to reach our goals and the success we have won.
Thank you for the wonderful memories and beautiful friendships we have made and will always cherish. Please give us divine guidance to pursue the goals we set, to the feeling of assurance that they can and will be met. Amen.
[Exhibit "G", pp. 1-2].
Likewise, pursuant to the referenced School Board policy, at the commencement of Paxon Senior High School on June 8, 1993, the following statement was delivered:
Ms. Payne: Dear Father, we come before You tonight to thank You for Your guidance through our long educational journey.
We ask Your guidance be with us in all our future endeavors. We, the graduating class of 1993, also ask that You be with those who taught, encouraged and loved us, as well as those who will follow us.
We ask that You grant all of them the same love and spiritual guidance that You have given us, the graduating class of 1993. Amen.
[Exhibit "H", p.2].
24. Numerous prayers and religious messages have predominated at defendants' high school graduation exercises in 1993, 1994, 1995, 1996 and 1997, as a direct and proximate result of the challenged policy and its application. Further such messages are imminently threatened in or about June 1998, and thereafter as a direct and proximate result of the continuing effect of policy and guidelines. See exhibits to Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction.
25. Defendants' policy, and its application, excessively entangles the state with religion.
26. Defendants' policy, and its application and implementation, constitute state endorsement of religion.
27. Because public high school graduation exercises are not truly voluntary, plaintiffs and others who object, or do not adhere, to the religious messages given pursuant to the policy are coerced by defendants to support, conform or participate in religion or its exercise.
28. The May 5, 1993 policy remains in effect as of the date of commencement of this action and has remained in effect at all times since its promulgation.
COUNT I:
ESTABLISHMENT OF RELIGION
29. All preceding paragraphs are incorporated herein by reference.
30. The guidelines, policies and practices of the defendants in endorsing and allowing prayer and other religious messages at School Board-sponsored graduation ceremonies, both facially and as applied, constitute an establishment of religion in violation of the First and Fourteenth Amendments to the United States Constitution.
COUNT II:
INTERFERING WITH THE FREE EXERCISE OF RELIGION
31. All preceding paragraphs are incorporated herein by reference.
32. The guidelines and practice of the defendants in endorsing and allowing a particular form of religious instruction in the form of prayer or other religious messages at the School Board-sponsored graduation ceremonies, both facially and as applied, infringes the right of the plaintiffs freely to exercise their religious beliefs as follows:
(a) By interfering with rights of the adult student plaintiffs to be instructed in religious doctrines and spiritual matters according to their own preference and the persuasions of their conscience;
(b) By interfering with the rights of parent plaintiffs to instruct their children in religious doctrine and spiritual matters according to their own preference and the persuasions of their conscience;
(c) By instructing the minor plaintiffs in matters of religious belief and doctrine that may be contrary to their own preference and that of her parents; and
(d) By intruding the authority of the State into the fundamentally private area of faith and doctrine;
all in violation of the First and Fourteenth Amendments of the United States Constitution.
IRREPARABLE INJURY
33. The plaintiffs and the members of the plaintiff class have suffered and will suffer irreparable injury through the unconstitutional establishment of religion and infringement of their right freely to exercise their religion, as complained of herein, and they have no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, the plaintiffs pray this Court to:
(a) Grant a preliminary injunction enjoining defendants from permitting or conducting any religious exercises at public school functions within the Duval County Public School District, including School Board-sponsored graduation ceremonies;
(b) Grant preliminary and permanent injunctive relief enjoining the defendants, their agents, employees, and successors in office from permitting, sponsoring or conducting any religious exercises, prayer, and instruction at any School Board-sponsored graduation ceremonies of the Duval County Public School District;
(c) Enter an order certifying this action as a class action with a class of plaintiffs consisting of individuals graduating from high schools of the Duval County Public School District in or about June, 1993, or who will graduate from such high schools in the future;
(d) Enter a declaratory judgment declaring unconstitutional the guidelines and practice of the District in endorsing and sponsoring religious exercises, prayer, and instruction at the School Board-sponsored graduation ceremonies;
(e) Award damages to the named plaintiffs who have graduated in or since June 1993, or who graduate prior to final judgment in the absence of a preliminary injunction, from Duval County public high schools;
(f) Award the plaintiffs their reasonable attorney fees in this cause;
(g) Award the plaintiffs their costs herein; and
(h) Grant the plaintiffs all further proper relief.
Respectfully submitted,
SHEPPARD AND WHITE, P.A.
Wm. J. Sheppard, Esquire
Florida Bar No.: 109154
D. Gray Thomas, Esquire
Florida Bar No.: 956041
215 Washington Street
Jacksonville, Florida 32202
Telephone: (904) 356-9661
Facsimile: (904) 356-9667
COUNSEL FOR PLAINTIFFS
COOPERATING ATTORNEYS FOR THE
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF FLORIDA, INC.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing instrument has been furnished to Richard Mullaney, Esquire, General Counsel, City Hall at St. James, 117 W. Duval Street, Suite 480, Jacksonville, Florida 32202, by hand delivery, this ______ day of May, 1998.
