Hsu v. Roslyn Union Free School Dist. No. 3, CV 94-0659.

• Decision Date: 21 February 1995
• Docket Number: No. CV 94-0659.,CV 94-0659.
• Citation: 876 F. Supp. 445
• Parties: Emily HSU, By and Through her next friend, Dr. Chin-Ching HSU, Timothy Hsu, By and Through his next friend, Dr. Chin-Ching Hsu, Plaintiffs, v. ROSLYN UNION FREE SCHOOL DISTRICT NO. 3, et al., Defendants.
• Court: U.S. District Court — Eastern District of New York

876 F. Supp. 445

Emily HSU, By and Through her next friend, Dr. Chin-Ching HSU, Timothy Hsu, By and Through his next friend, Dr. Chin-Ching Hsu, Plaintiffs, v. ROSLYN UNION FREE SCHOOL DISTRICT NO. 3, et al., Defendants.

No. CV 94-0659.

United States District Court, E.D. New York.

February 21, 1995.

COPYRIGHT MATERIAL OMITTED

Migliore & Infranco, P.C. by Joseph P. Infranco, Commack, NY, for plaintiffs.

Jaspan Ginsberg Schlesinger Silverman & Hoffman by Stanley A. Camhi, Garden City, NY, for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiffs Emily Hsu and Timothy Hsu, students at Roslyn High School, through their parent and guardian Dr. Chin-Ching Hsu, bring this action against defendants Roslyn Union Free School District No. 3 (the "School District"), the President, Vice-President and the other members of the School District's Board of Education (the "School Board") in their official capacities, the Superintendent and Assistant Superintendent of the School District in their official capacities, and the present and former Principals of Roslyn High School in their official capacities, for injunctive, declaratory, and monetary relief challenging enforcement of defendants' policy prohibiting discrimination on the basis of religion as applied to a student bible club organized by plaintiffs. Plaintiffs allege that the School District's nondiscrimination policy, as applied to the bible club in the form of an "open officership" requirement, violates plaintiffs' rights under the Equal Access Act ("EAA" or the "Act"), 20 U.S.C. § 4071 et seq., the First and Fourteenth Amendments of the United States Constitution, and the recently-enacted Religious Freedom Restoration Act of 1993 ("RFRA"), 107 Stat. 1488, 42 U.S.C. § 2000bb et seq., as well as the New York State Constitution. Presently before the Court are plaintiffs' motion for a preliminary injunction to prevent defendants from enforcing the nondiscrimination policy, and defendants' cross-motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.

I. BACKGROUND

The facts as alleged in plaintiffs' 38-page amended complaint and plaintiffs' affidavits are summarized as follows. When this action was commenced, plaintiffs Emily Hsu and Timothy Hsu were students of Roslyn High School, a public high school for grades nine through twelve located in Roslyn, New York, within the defendant School District. Amended Complaint ¶¶ 7, 9, 21. Emily Hsu presumably has graduated since that time¹; Timothy Hsu has not. The school is controlled and operated under the authority of the School Board, and receives federal financial assistance. Id. ¶ 21. Defendants permit student groups to voluntarily meet on school premises during noninstructional time. Id. ¶¶ 1, 22. Plaintiffs identify nearly three dozen clubs meeting on the school's premises with recognition by defendants, including, for example, the Chess Club, Art Club, Math Club, Mock Trial, Key Club, Fashion Club, Peer Counseling, Model Congress, and Jazz Band. Id. ¶ 22. While many of these clubs are curriculum related, some are noncurriculum related. Id. Each of these recognized clubs is granted certain rights and privileges, including access to meeting areas and the right to advertise. Id. ¶ 1.

Sometime in or before September 1993, plaintiffs undertook to form a new club, a Christian bible club, at Roslyn High School. Id. ¶ 24. In September 1993, Emily Hsu met with defendant Mark Weyne ("Weyne"), the principal of Roslyn High School at that time, and requested permission to use the school facilities for the proposed bible club. Id. ¶ 25; Affidavit of Emily Hsu in Support of Amended Complaint and Motion for Preliminary Injunction ("Emily Hsu Aff.") ¶ 9. Weyne informed Emily Hsu that he needed to research the question and would contact her with a response. Amended Complaint ¶ 25. By November 1993, Weyne still had not contacted Emily Hsu concerning the proposed bible club. Id. ¶¶ 25-26; Emily Hsu Aff. ¶ 10. Sometime in mid-November 1993, Emily Hsu and Jane Shin ("Shin"), another student interested in forming the bible club, met with Weyne and defendant Marilyn Silverman ("Silverman"), Assistant Superintendent of the School District. Amended Complaint ¶ 28; Emily Hsu Aff. ¶ 11. At that meeting, defendants informed Emily Hsu and Shin that they were checking the legality of the proposed student bible club and would contact them with their decision. Amended Complaint ¶ 28; Emily Hsu Aff. ¶ 11. Later in November, Emily Hsu and Shin were informed (although plaintiffs do not indicate by whom) that the School Board would discuss the proposal for a student bible club at a December 2, 1993 meeting. Amended Complaint ¶ 29; Emily Hsu Aff. ¶ 12.

At the December 2, 1993 School Board meeting, Silverman stated that the School District was required to grant the bible club access, even though it did not want the club to meet. Emily Hsu Aff. ¶ 15. Silverman also stated that six provisions were required for the club's approval, the first of which was that "membership must be open to all Roslyn students." Id.² During the meeting, one of the female board members suggested that the School District "merely refuse federal financial assistance" to avoid the requirements of the EAA. Id. ¶ 16. After a public discussion was held, the bible club's proposal was tabled. Amended Complaint ¶¶ 31-33; Emily Hsu Aff. ¶¶ 14-18.

On or about December 15, 1993, plaintiffs' counsel sent a letter to the School District, claiming that defendants had violated Emily Hsu's rights under the United States Constitution and the EAA. Amended Complaint ¶ 35; Emily Hsu Aff. ¶ 20. On January 6, 1994, Emily Hsu and Shin met with Silverman and defendant Dr. Howard Rubin ("Rubin"), who replaced Weyne as principal of Roslyn High School. Amended Complaint ¶ 36; Emily Hsu Aff. ¶ 21. During that meeting, Silverman and Rubin informed Emily Hsu that the School Board had taken no action on permitting the bible club to meet, and that the School Board required a constitution for the proposed bible club before it could decide whether to permit the club to meet. Amended Complaint ¶ 36; Emily Hsu Aff. ¶ 21.

On January 12, 1994, Emily Hsu submitted the bible club's constitution to Silverman. Amended Complaint ¶ 40 & Ex. C; Emily Hsu Aff. ¶ 22.³ On January 21, 1994, Silverman informed Emily Hsu that the School Board "had a problem with the Christian Bible club's constitution." Amended Complaint ¶ 40 & Ex. C; Emily Hsu Aff. ¶ 23. Specifically, Silverman indicated that "there were two sections of the constitution which the School Board wanted changed": Article I, Section I and Article V, Section II. Amended Complaint ¶ 40; Emily Hsu Aff. ¶ 23. In this respect, Silverman stated that the School Board wanted the word "Christian" changed to "people" in the constitution's definition of "Christian fellowship," Article I, Section I; this definition provided that "Christian fellowship is when Christians gather to praise God...." Amended Complaint ¶ 42; Emily Hsu Aff. ¶ 24. Silverman explained that the School Board "felt that the word `Christian' was too exclusive." Amended Complaint ¶ 42; Emily Hsu Aff. ¶ 24. Emily Hsu eventually made this change to the club's constitution. However, plaintiffs claim that "Emily Hsu, under coercion, yielded to the requirement and made this change as a good faith effort to resolve the conflict with the School Board and end the chilling of her civil rights." Amended Complaint ¶ 42; Emily Hsu Aff. ¶ 24. The second section the School Board wanted changed was Article V, Section II, which provided that "officers must be professed Christians either through baptism or confirmation." Silverman explained that the School Board wanted this section changed so that "officers merely were required to be members of the Christian Bible club with the right to vote." Amended Complaint ¶ 44; Emily Hsu Aff. ¶ 25. Plaintiffs claim that in response to this request, "again, pressured by government coercion," Emily Hsu and Shin changed the club's constitution to read: "All members eligible to vote will also be eligible to run for offices. Accepting Jesus Christ as savior is a requirement for all officers." Amended Complaint ¶ 46; Emily Hsu Aff. ¶ 26.

On or about January 26, 1994, Emily Hsu and Shin met with Silverman and defendant Frank Tassone ("Tassone"), Superintendent of the School District. Amended Complaint ¶ 47; Emily Hsu Aff. ¶ 27. Silverman and Tassone again requested that before consideration and approval of the Christian bible club, Emily Hsu and Shin remove the requirement from the club's constitution that officers must be Christians. Amended Complaint ¶ 47; Emily Hsu Aff. ¶ 27. Emily Hsu and Shin refused to comply with this request, "because this act would violate their sincerely-held religious beliefs that all club officers should be Christians." Amended Complaint ¶ 47; Emily Hsu Aff. ¶ 27. Silverman and Tassone stated that the School Board would not approve the constitution with this requirement, and told Emily Hsu and Shin to submit a new constitution for the club. Amended Complaint ¶ 49; Emily Hsu Aff. ¶ 27.

Thereafter, on or about January 31, 1994, Emily Hsu submitted the bible club's constitution, without further revision, to Silverman, who refused to submit the constitution to the School Board for its approval. Amended Complaint ¶ 50; Emily Hsu Aff. ¶ 28. On February 14, 1994, after Emily Hsu "determined that the Christian Bible club would not be permitted to meet," Amended Complaint ¶ 51; Emily Hsu Aff. ¶ 30, plaintiffs commenced this action and requested a preliminary injunction enjoining defendants from denying the bible club access to the school's facilities. Subsequently, on or about March 10, 1994, before any hearing on the preliminary injunction motion, the School Board passed a resolution recognizing the formation of, and granting access to, the bible club (the "March 10 Resolution"). Amended Complaint ¶ 52;...