RECENT DEVELOPMENTS IN CHILD EVANGELISM FELLOWSHIP CASE
On June 30, 2004 the Fourth Circuit Court of Appeals handed down a
ruling in Child Evangelism Fellowship v. Montgomery County Public Schools
that required the public schools in Montgomery County, Maryland to
distribute fliers for meetings of Child Evangelism Fellowship (CEF) on an
equal basis with other community groups.
On July 14, 2004 Center attorneys filed in the U.S. District Court for
the District of Maryland a motion asking the court to order the school
district to distribute CEF fliers to its students, in compliance with the
Court of Appeals’ June 30 decision. The school district filed its
response to the Center’s motion on August 2, 2004.
The Montgomery County Public Schools responded to the Court of
Appeals’ decision by filing a petition for rehearing en banc, and on July
27, 2004 the court denied that petition.
The Montgomery County Board of Education, in response to the June 30
court decision, voted on July 29, 2004 to limit its flier “forum” by
prohibiting many non-school groups from distributing fliers to the
students. The school board changed the district’s flier policy in order
to prevent CEF from informing parents of its Good News Club meetings.
Board Vice President Patricia O’Neil remarkably claimed that the
court’s invalidation of the school district’s blatantly unconstitutional
policy “forced” it to adopt the change. She stated, “This is the path
that the Good New Club and John Ashcroft and the Fourth Circuit threw us
into. If people are unhappy with us, they have them to thank!” Ms.
O’Neill referred to Attorney General Ashcroft because the Department of
Justice had filed an amicus brief supporting CEF and CLS.
Center attorneys and CEF are considering their options in light of the Board’s action.
CENTER ATTORNEYS PARTICIPATE IN ALLIANCE DEFENSE FUND NATIONAL LITIGATION ACADEMIES
Center Director Greg Baylor served on the faculty for two Alliance
Defense Fund National Litigation Academies last month, teaching on
Section 1983 litigation and recovering attorneys' fees under Section
1988. Center Chief Litigation Counsel Steve Aden also participated in
the litigation academy entitled "Advanced Strategic Training."
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