Am. Humanist Ass'n, Inc. v. Douglas Cnty. Sch. Dist. Re-1
| Citation | 158 F.Supp.3d 1123 |
| Decision Date | 20 January 2016 |
| Docket Number | Civil Action No 14-cv-02878-RBJ |
| Parties | American Humanist Association, Inc., John Doe, individually, and as parent and next friend of Doe Child-1 and Doe Child-2, minors; Doe Child-1, a minor, Doe Child-2, a minor, Jack Roe, individually and as a parent on behalf of a minor, Jill Roe, individually and as parent on behalf of a minor, and Jane Zoe, individually and as parent on behalf of a minor, Plaintiffs, v. Douglas County School District Re-1, Douglas County Board of Education, Elizabeth Celania-Fagen, in her official capacity as Superintendent of Douglas County School District, John Gutierrez, in his official capacity as Principal of Cougar Run Elementary School, Jerry Goings, in his official capacity as Principal of Highlands Ranch High School, Michael Munier, in his individual capacity, Wendy Koceski, in her official capacity as Elementary Principal of SkyView Academy, and Lisa Nolan, in her official capacity as Executive Director of SkyView Academy, Defendants. |
| Court | U.S. District Court — District of Colorado |
David A. Niose, David Niose, Law Offices, Fitchburg, MA, Daniele William Bonifazi, Inderwish & Bonifazi, P.C., Denver, CO, Monica Lynn Miller, American Humanist Association, Washington, DC, for Plaintiffs.
David Martin Hyams, Stacy Kourlis Guillon, Lewis Roca Rothgerber Christie LLP, Denver, CO, Eric V. Hall, Lewis Roca Rothgerber Christie LLP, Colorado Springs, CO, for Defendants.
Plaintiffs complain that the Douglas County School Board and related entities and individuals are unlawfully promoting Christian religion in the County's public schools. All parties have moved for summary judgment. Because the Court finds that none of the plaintiffs who have brought the suit have legal standing to do so, it does not address the merits of the claims. Plaintiffs' motion is denied, and defendants' motion is granted.
The following facts are undisputed except where otherwise noted. Plaintiff American Humanist Association, Inc. (AHA) is a nonprofit organization that promotes the “separation of church and state and the constitutional rights of humanists, atheists and other freethinkers.” ECF No. 1 at ¶ 5. AHA brings this suit to “assert the First Amendment rights of its members.” Id. Plaintiffs John Doe, Jill Roe, and Jane Zoe are individual members of AHA. ECF No. 59 at 3.
Doe Plaintiffs. John Doe brings this claim individually and as a parent of his minor children. The Doe children, both of whom were individually named as plaintiffs, attend SkyView Academy, a charter school within the Douglas County School District. ECF Nos. 47 at 2 n.2; 50 at 3.
Roe Plaintiffs. Jack and Jill Roe have two children who attend schools within the District. ECF No. 47 at 2 n.2. Their children were not individually named as plaintiffs.
Roe Son is a student at Douglas County High School, and Roe Daughter attends Aspen View Academy, a charter school. ECF No. 50 at 3.
Zoe Plaintiff. Jane Zoe has two children who attend Cougar Run Elementary School. ECF No. 47 at 2 n.2. The children were not individually named as plaintiffs. During the 2013–2014 school year Zoe Son was enrolled in preschool teacher Cammile Espinosa's class. ECF No. 50 at 3. Ms. Zoe later enrolled her younger child (Zoe Daughter) in Ms. Espinosa's preschool class. ECF No. 50 at 7.
Plaintiffs name a number of defendants. The Douglas County School District (sometimes referred to herein as “the District” or as “DCSD”) is a large public-school district in the greater Denver area. ECF No. 50 at 2. The District is run by the Douglas County School Board which has seven elected members. Id. Elizabeth Celania-Fagen is the superintendent of the District. Id. John Gutierrez is the principal of Cougar Run Elementary School. Id. Jerry Goings is the principal of Highlands Ranch High School. Id. Michael Munier and Wendy Koceski are the former and present elementary principals of SkyView Academy, and Lisa Nolan is SkyView's executive director. However, plaintiffs' claims against Mr. Munier were voluntarily dismissed shortly after the Complaint was filed, and the parties later settled plaintiffs' claims against Ms. Koceski and Ms. Nolan. Thus, all claims against the individual SkyView defendants have been dismissed with prejudice. ECF Nos. 35 at 2; 36 at 2; 50 at 4.1
Plaintiffs filed this case out of concern about religious events and activities that have occurred at various schools within the District. They allege violations of the Establishment Clause of the First Amendment of the United States Constitution and the Equal Access Act, 20 U.S.C. §§ 4071 –4074. ECF No 47 at 2.
Operation Christmas Child.
In July 2014 Mr. Doe contacted Mr. Roe to “discuss pursuing litigation against SkyView and DCSD.” ECF No. 50 at 3. Mr. Doe was concerned about Operation Christmas Child (OCC) activities at SkyView. Id. Samaritan's Purse, “an evangelistic Christian organization,” sponsors OCC. ECF No. 47 at 6. OCC boxes are taken to “processing” centers where Christian materials, including booklets and other literature, are added to them. Id. OCC collects items to be placed in shoeboxes “to be sent to needy children around the world.” ECF No. 50 at 8.
A number of schools within the District, including Douglas County High School and SkyView Academy, have participated in OCC. ECF No. 47 at 6. In 2014 “DCHS teachers organized OCC in a 90-minute ‘homeroom’ class” for freshman at DCHS. Id. at 7–8; ECF No. 47-3 at 12. OCC activities at the other schools “generally included teachers organizing OCC during class, using school email and newsletters to promote OCC, and bringing in supplies for student [sic] to pack boxes.” ECF No. 47 at 8.
Fellowship of Christian Athletes Trip to Guatemala.
In March 2014 Amanda Berry, a student at Highland Ranch High School, organized a trip to Guatemala. ECF No. 50 at 4. Ms. Berry and the other students involved in the efforts were members of the school's chapter of the Fellowship of Christian Athletes (FCA). Id. The FCA is “a Christian organization with clubs in many schools.” ECF No 47 at 2. Ms. Berry contacted the Christian organization “Adventures in Missions” (AIM), and AIM “planned all Guatemala Trip activities.” ECF Nos. 47 at 2; 50 at 4. Fourteen students traveled to Guatemala over spring break. ECF No. 47 at 2. Two HRHS teachers, Alexandra Malach and Bradley Odice, chaperoned the trip. Id. All of the participants, including the chaperones, paid their own way. ECF No. 50 at 5. One goal of the trip was to “introduce [children] to the Bible” and “promote Christianity.” ECF No. 47 at 2.
Ms. Malach created “fundraising flyers” to raise money for the trip. Id. at 4. Ms. Berry also organized fundraising events including babysitting nights and a pancake breakfast. ECF No. 50 at 5. Cougar Run Elementary School participated in some of the fundraising efforts. ECF No. 47 at 4. For example, Cougar Run “partnered” with FCA to “organize school-wide fundraisers for the mission trip.” Id. FCA students delivered fundraising flyers to Cougar Run and other elementary schools. ECF No. 50 at 5. Cougar Run placed the flyers in students' “take-home” folders. Id. Additionally, Cougar Run teacher Micki Benge volunteered to have her sixth-grade class organize a “supply drive” to benefit the Guatemala trip. ECF No. 47 at 5. Ms. Benge printed a flyer “promoting the Mission Trip to parents” and sent it home in student folders. Id. Ms. Zoe received one of the flyers in her son's folder, which asked Zoe Son and his class to donate “temporary tattoos.” Id. Additionally, Zoe Son's preschool teacher Ms. Espinosa emailed the parents of children in her class to encourage their participation in the supply drive. Id. The email indicated that Cougar Run is “partnering with HRHS on this effort—specifically the FCA (Fellowship of Christian Athletes) organization.” Id. Principal Gutierrez also emailed Cougar Run families asking for monetary donations. Id.
Faculty Participation in Fellowship of Christian Athletes.
Plaintiffs raise concerns about teachers and school staff participating with FCA chapters at numerous schools. ECF No. 47 at 8. Plaintiffs specify that ECF No. 58 at 13 (emphasis in original). At some schools, “FCA was initiated by staff without any student initiation of any kind.” ECF No. 47 at 9.
Other Religious Events and Activities.
Plaintiffs describe other activities and events around the District. Several schools were involved in a “Belize Mission Trip” in 2014. ECF No. 1 at ¶¶ 217-31. Although not mentioned in the Complaint, plaintiffs' motion for summary judgment states that in 2012 the Rockridge Elementary School held fundraisers for the Tim Tebow Foundation, which is a “registered Christian charity.” ECF No. 47 at 8. Additionally, HRHS faculty and students participate in an “annual prayer event” called “See You at the Pole” (SYATP) that occurs before school starts. Id. at 10. Finally, plaintiffs state that “the District endorsed and promoted two religious summer football camps” that were cosponsored by FCA. Id.
The latter statements, at least, appear to be incorrect. Defendants indicate that one of these camps never happened, and the one that did occur was “not associated with the District in any way.” ECF No. 59 at 15.
The Court may grant summary judgment if “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The moving party has the burden to show that there is an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett , 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmoving party must “designate specific facts...
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