Pounds v. Katy Independent School Dist.
Decision Date | 24 September 2007 |
Docket Number | Civil Action No. H-06-0527. |
Citation | 517 F.Supp.2d 901 |
Parties | Blake POUNDS, et al., Plaintiff, v. KATY INDEPENDENT SCHOOL DISTRICT, et al., Defendants. |
Court | U.S. District Court — Southern District of Texas |
Hiram S. Sasser, III, Liberty Legal Institute, Plano, TX, James Michael Johnson, Alliance Defense Fund, Shreveport, LA, John Dixon Walker, Attorney at Law, The Woodlands, TX, William Charles Bundren, WM Charles Bundren & Associates, Frisco, TX, for Plaintiff.
Christopher B. Gilbert, Bracewell Giuliani LLP, Houston, TX, for Defendants.
Like many public school districts, the Katy Independent School District ("KISD") regulates speech by and to students when they are in school. The plaintiffs, parents of students attending a KISD elementary school, allege that during 2002 to 2006, teachers and the principal at this elementary school prevented the children from speaking about their Christian religious beliefs and from distributing religious items or literature with a Christian message at the school. The plaintiffs allege that the KISD policy on student distribution of nonschool materials on school campuses violates the First Amendment, both facially and as applied. The plaintiffs allege that the KISD policy and practices violate the First Amendment by restricting religious speech. The plaintiffs also assert claims under the Due Process Clause, the Equal Protection Clause, and Texas law. The plaintiffs seek to enjoin KISD from prohibiting students from "distributing literature or other items containing a message from a religious viewpoint during noninstructional time" at the elementary school the plaintiffs' children attended and at other KISD schools.
The parties agreed to litigate the case in stages. The first stage requires this court to decide whether the written KISD policy on student distribution of "nonschool literature" on school campuses is facially unconstitutional. The parties have agreed to defer the second stage, the determination of whether this KISD policy is unconstitutional as applied and whether KISD has other practices that unconstitutionally limit students' religious speech, until the facial challenge is resolved.
The policy, "Student Expression: Distribution of Nonschool Literature" (the "FNAA (Local)" policy), applies in relevant part to students who want to distribute more than ten copies of nonschool material on school campuses or other district property. The plaintiffs have moved for partial summary judgment on their claim that the FNAA (Local) policy is facially unconstitutional. (Docket Entry No. 21).1 The defendants have cross-moved for partial summary judgment that the FNAA (Local) policy is facially constitutional. (Docket Entry No. 21). The plaintiffs responded to the KISD partial summary judgment motion, (Docket Entry No. 22); the defendants responded to the plaintiffs' summary judgment motion, (Docket Entry No. 23); the plaintiffs replied to the defendants' response, (Docket Entry No. 24); and the defendants replied to the plaintiffs' response, (Docket Entry No. 25). Both sides submitted additional briefing after the Supreme Court's decision in Morse v. Frederick ___ U.S. ___, 127 S.Ct. 2618, 168 L.Ed.2d 290 (2007), (Docket Entries No. 30, 31).2
Based on the pleadings; the motions, responses, and replies; the parties' submissions; and the applicable law, this court denies the plaintiffs' motion for partial summary judgment and grants the defendants' motion, finding that the KISD FNAA (Local) policy is facially constitutional. The reasons for this ruling are explained in detail below. Given this ruling, the parties are to submit a proposed scheduling order to resolve the remaining "as-applied" challenges to the KISD FNAA (Local) policy and practices, no later than October 5, 2007.
In February 2006, the plaintiffs filed a petition for a temporary restraining order in Texas state court. In their petition, the plaintiffs alleged that their children, who attended Pattison Elementary School in the KISD, were prevented from discussing their Christian religious beliefs and prevented from distributing religious literature and items to other students while at school. . The plaintiffs brought their claims under 42 U.S.C. § 1983, arguing that KISD policy and practices violated the students' First Amendment free-speech rights, the Establishment Clause of the First Amendment, the Free Exercise Clause of the First Amendment, the Due Process Clause of the Fourteenth Amendment, and the Equal Protection Clause of the Fourteenth Amendment. (Id.). The plaintiffs alleged that KISD "favor[ed] non-religion over religion by forbidding and punishing religious speech and favoring non-religious speech." (Docket Entry No. 1, Ex. A at 34).3
The issue now before the court is the facial constitutionality of the KISD FNAA (Local) policy on "Distribution of Non-school Literature." The policy states as follows:
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