Owasso Kids for Christ v. Owasso Pub. Sch.
| Decision Date | 23 February 2012 |
| Docket Number | Case No. 11-CV-0653-CVE-PJC |
| Parties | OWASSO KIDS FOR CHRIST and JENNIFER RHAMES, Plaintiffs, v. OWASSO PUBLIC SCHOOLS, Defendant. |
| Court | U.S. District Court — Northern District of Oklahoma |
Now before the Court are Defendant Owasso Public Schools' Motion to Dismiss and Brief in Support (Dkt. # 23) and Plaintiffs' Motion for Preliminary Injunction (Dkt. ##18, 20). Defendant Owassa Public Schools argues that plaintiff Owasso Kids for Christ (OKFC) is not a "person" capable of bringing suit under 42 U.S.C. § 1983, and that plaintiff Jennifer Rhames lacks standing to assert any claim against the Owasso Public Schools. Plaintiffs ask the Court to enter a preliminary injunction enjoining defendant from denying plaintiff access to certain speech fora at Northeast Elementary in Owasso, Oklahoma (the School).
Defendant Independent School District No. 11 of Tulsa County, Oklahoma, is commonly known as Owasso Public Schools (the District). Kids for Christ USA, Inc. is a non-profit entity incorporated in the State of Oklahoma, and OKFC is an unincorporated entity associated with Kids for Christ USA, Inc. OKFC has a federal tax identification number and states that it intends to file an application with the Internal Revenue Service for tax exempt status under § 501(c)(3) of the Internal Revenue Code. Dkt. # 16, at 4. OKFC states that it is a "Christian organization that desiresto share its religious views with students and parents at District schools." Id. OFKC holds weekly meetings at the School and approximately 60 to 65 students attend each meeting. Id. at 8. Students are required to return a permission slip signed by a parent before they are permitted to attend a meeting. Id. at 4. OKFC was founded by Rhames and two other women, and Rhames leads meeting and supervises events and activities sponsored by OKFC. Id. at 5. Rhames practices the Christian faith and states that she desires to share her views with students at the School. Id.
Plaintiffs allege that the District allows community members and organizations to distribute flyers through a take-home program and also permits the posting of signs and announcements on a bulletin board near the School entrance. Id. at 7. Some organizations may also post signs on School property and set up tables at School's annual open house to distribute information. Rhames states that she "desires such communicative opportunities for the same reason other community members desire to have their information made publicly available-to promote [OKFC] activities and facilitate voluntary student/parent involvement in the activities." Id. at 6. The District initially permitted OKFC to distribute flyers and permission slips to students through the take-home program and OKFC could make announcements over the School's public address system. OKFC has submitted evidence that community organizations outside of the School are permitted to distribute literature and flyers through the take-home flyer program, and these groups include the YMCA, the Boy Scouts of America, the Young Rembrandts Afterschool Drawing Class, the Children's Miracle Network, the Owasso Chamber of Commerce, the Rotary Club of Owasso, the Super Science Camp, various sports teams, and community theater. Dkt. # 18-5.
Plaintiffs claim that in April 2011 the District began to deny them access to certain means of communication within the School. Plaintiffs requested permission to distribute a flyer promotingan OKFC event at which a Christian martial arts team, the Combat Team, would perform a karate demonstration. Id. at 8. The proposed flyer recited the Combat Team's motto "One Dream, One Vision, Reaching the World for Christ," and the flyer was submitted to the District for review. The School's principal, Janell Trimble, conferred with the District Superintendent, Clark Ogilvie, Ph.D., and Trimble advised OKFC that Dr. Ogilvie would not permit the flyer to be distributed because of the phrase "Reaching the World for Christ." Id. Plaintiffs state that they offered to remove the phrase from the flyer, but Dr. Ogilvie would not still not allow them to distribute the flyer. In the summer of 2011, plaintiffs state that Dr. Ogilvie denied them permission to distribute any flyers, post signs, or make announcements on the public address system because OKFC is a religious organization. Id. at 9. He allegedly denied OKFC's request for student members to distribute flyers before and after school. Id. Plaintiffs also claim that Dr. Ogilvie discouraged them from publicizing OKFC through media outside of the school. Id. at 10.
At the beginning of the 2011-2012 school year, OKFC requested permission to distribute a flyer announcing its weekly meetings, and Dr. Ogilvie initially approved the request. Id. Plaintiffs claim that Dr. Ogilvie conferred with the District's attorney and subsequently withdrew his approval. Id. On September 7, 2011, plaintiffs' counsel sent a letter to the District requesting the same access to means of communication as other community organizations and alleging that the District was violating their First Amendment rights. Dkt. # 18-10, at 2. Plaintiffs believed that the District was relying upon a written policy concerning the distribution of written materials as the basis for denying their requests. District Policy 1.05(F)(3) stated that "[n]o literature will be distributed that contains primarily religious, objectionable, or political overtones which may be beneficial to any particular group or business at the expense of others." Dkt. # 29-4, at 1. TheDistrict responded through its attorney on October 5, 2011, and stated that Policy 1.05 applied to the distribution of written materials by District personnel only. The letter also states that:
The members of OKFC will not be allowed to place posters in the hallways or have School officials make announcements over the School's PA system. The allowing of such activities to impressionable elementary students during the regular school day and while school is in session would certainly raise the issue as to endorsement of religion by the School District. In fact, it is difficult to see how an elementary student could discern that OKFC is not endorsed by the School District when such activities on behalf of the OKFC would be occurring by the School District to a captive elementary student audience during the regular school day.
Dkt. # 18-11, at
On October 24, 2011, OKFC filed this lawsuit alleging, inter alia, that the District's refusal to allow it access to means of communication open to other members of the community violated its rights under the Free Speech Clause of the First Amendment. Dkt. # 1, at 12. OKFC was the only plaintiff named in the complaint. The District filed a motion to dismiss arguing that OKFC is not a proper party. OKFC filed an amended complaint (Dkt. # 16) adding Rhames as a plaintiff, and the District filed a motion to dismiss the amended complaint (Dkt. # 18). On January 10, 2012, Dr. Ogilvie issued a memorandum to all elementary school principals in the District concerning a revised procedure for the distribution of materials by outside organizations:
A. Distribution of Written Materials and Information to Students from Outside Organizations and Individuals.
Dkt. # 29-1, at 1. The revised policy does not authorize all outside organizations to set up informational tables at open house events, but it requires each site principal to hold at least one Information Night at which any outside organization, regardless of its political, religious, or philosophical beliefs, may distribute information. Id. at 2. Outside organizations may also post information on a community bulletin board and place written materials on a literature table regardless of the religious content of the material. Id. On January 17, 2012, the District's Board of Education voted to rescind Policy 1.05(F). Dkt. # 33-1.
Plaintiffs request a preliminary injunction allowing OKFC and Rhames to use certain means of communication provided by the School to other groups to announce OKFC activities and to distribute information about OKFC. Dr. Ogilvie has submitted an affidavit stating that OKFC is authorized to use the bulletin board and community literature table at the School. Dkt. # 29-2, at 3. He states that the backpack flyer program was intended to be a more limited communicative forum that could be utilized only by groups with a long-standing relationship with the District or that donate proceeds from the advertised activity to the District. Id. Rhames disputes Dr. Ogilvie's statements and claims that OKFC has not been permitted to post written material on the bulletin board or to leave written material on the community literature table. Dkt. # 36-1, at 2. She also states that OKFC has donated school supplies, clothing, toys, and other items worth approximately $500 for needy students at the request of Trimble. Id. at 2-3. Trimble also asked OKFC to sponsor the annual Father-Daughter Dance, and OKFC agreed to sponsor the event. Rhames states that OKFC will not be permitted to advertise the event because OKFC is not permitted to post signs or distribute written materials at the School. Id. at 4.
The District asserts that Rhames lacks standing to bring suit and her claims should be dismissed under Fed. R. Civ. P. 12(b)(1). Federal courts are courts of limited jurisdiction and, as the party seeking to invoke federal jurisdiction, Rhames bears the burden of...
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