Gonzalez v. School Bd. of Okeechobee County

571 F.Supp.2d 1257

Yasmin GONZALEZ, Through her parent and next friend Frankie Michelle GONZALEZ, and Jessica Donaldson, Plaintiffs, v. SCHOOL BOARD OF OKEECHOBEE COUNTY, Defendant.

No. 06-14320-CIV.

United States District Court, S.D. Florida.

July 29, 2008.

COPYRIGHT MATERIAL OMITTED

Randall C. Marshall, Robert F. Rosenwald, Jr., American Civil Liberties Union Of Florida, Miami, FL, James D. Esseks, Kenneth Y. Choe, American Civil Liberties Union Foundation, New York, NY, for Plaintiffs.

David Charles Gibbs, III, Gibbs & Craze, Seminole, FL, for Defendant.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the Court upon Defendant's Motion for Summary Judgment (dkt # 106), and upon Plaintiffs' Motion for Summary Judgment (dkt # 108).

UPON CONSIDERATION of the Motions, the Responses, the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order.

I. BACKGROUND

This is an action arising from the inability of the Gay-Straight Alliance of Okeechobee High School ("GSA") to gain official recognition as a noncurricular student group within Okeechobee High School ("OHS"). The students interested in participating in the GSA complied with the requirements to gain access and recognition for a student group at OHS, but Ms. Wiersma, the Principal of OHS, refused to grant such recognition. In a letter to Principal Wiersma, dated October 19, 2006, the students, through counsel, advised Principal Wiersma of their right to receive recognition as a noncurricular student group pursuant to the Equal Access Act ("EAA"), 20 U.S.C. § 4071. However, the School Board of Okeechobee County ("SBOC") did not grant the GSA recognition.

On November 15, 2006, the GSA and one of its members, Yasmin Gonzalez ("Gonzalez"), filed a Complaint against SBOC (dkt # 1) seeking equitable relief and nominal damages. A Preliminary Injunction (dkt # 36) was granted ordering SBOC to recognize the GSA as a noncurricular student group and to afford it all corresponding benefits. Gonzalez graduated after completing the 2006-07 school year. The GSA was subsequently dismissed as a Plaintiff because it no longer had any student members at OHS and the Preliminary Injunction was dissolved (dkt # 79). After graduation, Gonzalez's claim for equitable relief became moot but her claim for damages remained a live controversy. See Order Granting Motion to Alter Judgment (dkt # 99). In an Order dated April 8, 2008 (dkt # 92), Jessica Donaldson ("Donaldson"), a member of the GSA during the period giving rise to the claims, was allowed to join as a Plaintiff. At that time, Plaintiffs' only remaining claim was for nominal damages. However, in an Order dated May 19, 2008 (dkt # 99), Brittany Martin, a student currently enrolled in OHS, was permitted to join as a Plaintiff based on her recent failed attempts to gain recognition for the GSA as a noncurricular student group. Joinder of Martin revived Plaintiffs' claims for equitable relief.

After this litigation commenced, SBOC created Board Policy Section 4.30(II)(D), which states:

To assure that student clubs and organizations do not interfere with the School Board's abstinence only sex education policy and the School Board's obligation to promote the well-being of all students, no club or organization which is sex-based or based upon any kind of sexual grouping, orientation, or activity of any kind shall be permitted.

II. STANDARD OF REVIEW

The applicable standard for reviewing a summary judgment motion is unambiguously stated in Rule 56(c) of the Federal Rules of Civil Procedure:

The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.

Summary judgment may be entered only where there is no genuine issue of material fact. Twiss v. Kury, 25 F.3d 1551, 1554 (11th Cir.1994). The moving party has the burden of meeting this exacting standard. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). An issue of fact is "material" if it is a legal element of the claim under the applicable substantive law which might affect the outcome of the case. Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir.1997). An issue of fact is "genuine" if the record taken as a whole could lead a rational trier of fact to find for the nonmoving party. Id.

In applying this standard, the district court must view the evidence and all factual inferences therefrom in the light most favorable to the party opposing the motion. Id. However, the nonmoving party "may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). "The mere existence of a scintilla of evidence in support of the [nonmovant's] position will be insufficient; there must be evidence on which the jury could reasonably find for the [nonmovant]." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III. ANALYSIS

A. The Equal Access Act

The EAA states in relevant part:

It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or to discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meeting.

20 U.S.C. § 4071(a). "A public secondary school has a limited open forum whenever such school grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time."

20 U.S.C. § 4071(b). Schools provide a "fair opportunity" for students to conduct a meeting if the school uniformly ensures that:

(1) the meeting is voluntary and student-initiated;

(2) there is no sponsorship of the meeting by the school, the government, or its agents or employees;

(3) employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;

(4) the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

(5) nonschool persons may not direct, conduct, control, or regularly attend activities of student groups.

20 U.S.C. § 4071(c). Once a limited open forum is established, the EAA's final provision creates an exception to a secondary school's obligation to recognize a noncurricular student group by stating:

Nothing in this subchapter shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

20 U.S.C. § 4071(f).

SBOC appears to concede, based on the absence of arguments to the contrary, that OHS provides a limited open forum by (1) recognizing non-curriculum student groups and (2) permitting these groups to meet during non-instructional time. The Supreme Court has expounded on the meaning of "curriculum related student groups" by stating:

In our view, a student group directly relates to the school's curriculum if the subject matter of the group is actually taught, or will soon be taught, in a regularly offered course; if the subject matter of the group concerns the body of courses as a whole; if participation in the group is required for a particular course; or if participation in the group results in academic credit. We think this limited definition of groups that directly relate to the curriculum is a commonsense interpretation of the Act that is consistent with Congress' intent to provide a low threshold for triggering the Act's requirements.

Bd. of Educ. v. Mergens, 496 U.S. 226, 239-40, 110 S.Ct. 2356, 110 L.Ed.2d 191 (1990). A partial listing of noncurriculum student groups at OHS include the Chess Club, Junior Cattleman's Association, Card Club, Crochet Club, Venture Team, Quill and Scroll, Sign Language Club, Envirothon, Youth Crime Watch, Future Farmers of America, Interact Club, Key Club, and Fellowship of Christian Athletes. Am. Compl., at ¶¶ 28-31; see Mergens, 496 U.S. at 245-46, 110 S.Ct. 2356 (finding that chess club was a noncurricular student group). SBOC has not suggested that each of these groups are curriculum related student groups or that they all meet during instructional time. Moreover, assuming the titles of the student groups are indicative of their activities and objectives, no inference that they are curriculum related student groups is warranted. OHS is also a public secondary school that receives federal financial assistance. Accordingly, OHS provides a limited open forum, thereby triggering the corresponding obligations under the EAA. See Mergens, 496 U.S. at 242, 110 S.Ct. 2356 (distinguishing the meaning of "limited open forum" as defined by the EAA from a "limited public forum").

As a limited open forum, the EAA mandates that any student group at OHS may "meet on the basis of religious, political, philosophical, or other content of ... speech." 20 U.S.C. § 4071(a). The expansive nature of the EAA's description of student groups encompassed by the statute clarifies that there are few limits to the types of student groups permitted to meet once the EAA is triggered. 20 U.S.C. § 4071(a); see Mergens, 496 U.S. at 239, 110 S.Ct. 2356 (stating that the language of the EAA warrants a broad reading). The only proviso limiting a student group's ability to meet is the power reserved to...