Child Evangelism Fellowship v. Montgomery County Public Schools
In March 2005 a Maryland district court judge issued an order and opinion in Child Evangelism Fellowship v. Montgomery County Public Schools granting the school district’s motion to dismiss the case in almost all respects. CEF appealed the judge’s decision to the U.S. Court of Appeals for the Fourth Circuit in April 2005.
Child Evangelism Fellowship v. Montgomery County Public Schools arose when a CEF volunteer asked school officials to distribute informational fliers so that parents could make an informed decision whether they wanted their children to attend CEF's after-school meetings. CEF is a respected national organization that has offered after-school clubs for children for over 60 years.
The Christian Legal Society's Center for Law and Religious Freedom filed suit against the school district in January 2003 on behalf of CEF, seeking equal treatment of CEF's informational fliers and access to back to school nights, open houses and bulletin boards. A federal district court in Maryland declined to order equal treatment of CEF’s fliers, and CEF appealed the decision.
The United States Court of Appeals for the Fourth Circuit ruled in June 2004 that the school district may not refuse to distribute fliers for meetings of CEF.
The Montgomery County Board of Education responded to the Fourth Court's decision by amending its flier distribution policy to exclude CEF from distributing its fliers to students and parents and by filing a motion to dismiss CEF’s complaint on the ground the new policy made CEF’s case moot.
In his March 2005 order, the district court judge stated that the school district’s revised flier distribution policy, which granted CEF access to bulletin boards, back-to-school nights, and open houses and denied it the ability to directly send out take-home fliers, did not violate CEF’s first amendment free speech rights. The judge further granted the school district’s motion to dismiss in all respects, except their motion to dismiss CEF’s request for attorneys fees and costs.
CEF appealed the district court decision to the Fourth Circuit and expects the court to hear oral arguments on this second appeal in late 2005.
The Center for Law & Religious Freedom represents Child Evangelism Fellowship, H. Robert Showers of Simms Showers, LLP is serving as local counsel, and the Alliance Defense Fund contributed financial support for this case.
Documents & Links:
2003.01.17 - Bible Club Files Suit Against Maryland School District: Policies Prevent Equal Access For Religious Groups
4th Circuit Opinion
Press Release, July 1, 2004
August 4, 2004 Washington Post Article, "Schools and Faith"
Center Director's Letter to the Washington Post Editor
Montgomery County School District's Memorandum in Support of Motion to Dismiss
Press Release, October 26, 2004
Child Evangelism Fellowship's Motion for Summary Judgment
Press Release, December 3, 2004
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