Westfield H.S. L.I.F.E. Club v. City of Westfield

Page 98

249 F.Supp.2d 98

WESTFIELD HIGH SCHOOL L.I.F.E. CLUB, Stephen Grabowski, by and through his parents, Edmund and Mary Etta Grabowski, Timothy Souza and Daniel Souza, by and through their parents, Ralph and Diane Souza, Sharon Sitler and Paul Sitler, by and through their parents, William and Denise Sitler, and Dustin Cooper, by and through his parents Brian and Amy Turner-Cooper, Plaintiffs v. CITY OF WESTFIELD, Thomas Y. McDowell, Individually and in his official capacity as Superintendent of Westfield Public Schools, and Thomas W. Daley, Individually and in his official capacity as Principal of Westfield High School, Defendants

No. CIV.A. 03-30008-FHF.

United States District Court, D. Massachusetts.

March 17, 2003.

COPYRIGHT MATERIAL OMITTED

Bertin C. Emmons, Weymouth, MA, Mathew D. Staver, Erik W. Stanley, Joel L. Oster, Anita L. Staver, Liberty Counsel, Longwood, FL, for Westfield High

School L.I.F.E. Club, Stephen Grabowski, by and through his parents, Edmund and Mary Ettar Grabowski, Timothy Souza, Daniel Souza, by and through their parents, Ralph and Diane Souza, Sharon Sitler, Paul Sitler, by and through their parents, William and Denise Sitler, Dustin Cooper, by and through his parents Brian and Amy Turner-Cooper, Plaintiffs.

Claire L. Thompson, Doherty, Wallace, Pillsbury & Murphy, Springfield, MA, Peter H. Martin, Asst. City Solicitor, Westfield, MA, for Westfield Public Schools, Thomas Y. McDowell, Dr., Individually and in his official capacity as Superintendent of Westfield Public Schools, City of Westfield.

Claire L. Thompson, Doherty, Wallace, Pillsbury & Murphy, Springfield, MA, Edward P. Mulvaney, Fallon & Sullivan, Springfield, MA, for Thomas W. Daley, Individually and in his official capacity as Principal of Westfield High School.

Eric W. Treene, Jeremiah Glassman, Franz R. Marshall, Amy I. Berman, Edward G. Caspar, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, for U.S.

MEMORANDUM AND ORDER

FREEDMAN, Senior District Judge.

I. INTRODUCTION

Before the Court is the plaintiffs' motion for a preliminary injunction. The plaintiffs request the Court enjoin the defendants from enforcing allegedly unconstitutional school speech policies, from imposing in-school suspensions on the plaintiffs, and from prohibiting the plaintiffs from distributing religious literature to other students during non-instructional time. See Plaintiffs' Motion for Preliminary Injunction (Doc. No. 7). The defendants oppose the motion. See Defendants' Opposition (Doc. No. 26).

II. FACTUAL BACKGROUND

The following facts derive from the pleadings and various affidavits and exhibits filed in support of, and in opposition to, the plaintiffs' motion for a preliminary injunction.

A. The Parties

The plaintiffs are present and former Westfield High School ("Westfield High" or "school") students who are or were members of the Westfield High School Life and Insight For Eternity Club ("LIFE Club" or "Club"), the students' parents, and the LIFE Club itself. The defendants are the City of Westfield,¹ Dr. Thomas Y. McDowell, the superintendent of the Westfield Public Schools ("Superintendent McDowell"), and Thomas W. Daley, the principal of Westfield High ("Principal Daley") (collectively, the "defendants").

The United States of America ("United States") and the American Civil Liberties Union of Massachusetts ("ACLU") have filed briefs as amici curiae. See United States Amicus Curiae Brief (Doc. No. 28); ACLU Amicus Curiae Brief (Doc. No. 36).

B. The LIFE Club

Sometime during the 2000-2001 school year, a group of students at Westfield High approached Principal Daley about organizing a Bible club on school premises. Principal Daley was amenable to the idea, provided that the group secure an adult sponsor to be present at the Club's activities. The school required all student organizations to have adult sponsors. The LIFE Club began when Craig Spooner, a teacher at Westfield High, volunteered to serve as the Club's adult sponsor.

The LIFE Club meets in Mr. Spooner's classroom after school. Principal Daley attests that such an arrangement is "standard practice" for student organizations at the school.² In addition to accommodating meetings, the school permits the LIFE Club to announce its after-school activities in the daily school bulletin, subject to the same pre-approval process required of all other student organizations. The school also allows the Club to put up posters announcing meetings and activities on approved locations within the school. If the Club wishes to use the school auditorium, its members must complete a building use form and submit it to the administration in the same way as all other student organizations. The school also permits the Club to meet at the flagpole on school grounds before the start of each school day to conduct a morning prayer.

As the plaintiffs describe it, the LIFE Club is a student-initiated, student-led Christian club that is unrelated to the school's curriculum.³ The LIFE Club's members, all students at Westfield High, congregate together the first and third Monday of every month, where they engage in Bible study discussion, prayer, and plan various service projects. Club members participate in service projects by assisting local soup kitchens, clothing drives, and food drives. Presumably, participation in these service activities occurs outside school grounds.

C. School Speech Policies

Every year, the Westfield Public Schools distribute to students a parent-student handbook containing, among other things, school policies. See Verified Complaint (Doc. No. 1), Exhibit B, at 23 (Westfield Public Schools Parent-Student Handbook for Westfield High School 2002-2003) ("Student Handbook"). During all times relevant to this lawsuit, the following policies were in effect.⁴

The policy regarding "Freedom of Speech, Assembly or Congregation" ("Free Speech Policy") reads The freedoms of speech and the right to assemble are two principles upon which this country is based. These freedoms are subject to the limits of obscenity, defamation, fighting words, incitement, or disruption as defined by the Massachusetts Department of Education. Responsible speech will be allowed in the proper location at the proper time, so as not to stop other people from entering classes, distributing literature during classes, or hold a demonstration, so that it interferes with classes or homerooms in session. The use of symbolic expressions of publishing/distributing of material is subject to the same limitations as listed for freedom of speech. Permission to assemble cannot be allowed so as to violate state and local laws. Permission to assemble must be requested in writing from the principal or his designee. The request must be made two (2) days prior to the desired time and should include the following: time, place, purpose and supervision provisions which will state the person or group who will be in charge and responsible.

Verified Complaint (Doc. No. 1), Exhibit B, at 23 (emphasis added). As the plaintiffs point out, the phrase "responsible speech" is defined nowhere in the Student Handbook or elsewhere.

The policy regarding the "Posting of Information and Distribution of Materials" ("Distribution Policy") reads:

The daily bulletin is posted each day on the bulletin board outside the main office. Driver Education lists are also posted there when classes are being formed. The Guidance Office has bulletin boards that post information that may be pertinent to all students. These bulletin boards should be checked from time to time for items of interest. Posters, displays and leaflets are subject to approval by the Student Council and administration. Unauthorized use of bulletin boards, displays or posting of leaflets may cause the material to be removed and the person or persons who displayed or posted the materials to be subjected to disciplinary measures. Posters should not be hung on smooth painted areas, nor in windows of corridor doors obscuring vision up or down the corridor. All offending posters will be removed and destroyed. All posters must come down the next school day after the event. Handbills or any other printed matter may not be distributed or circulated in school or on the school grounds without proper authority. Arrangements should be made with an administrator or his designee.

Id. at 27. For simplicity, the Court will refer to these written policies included in the Student Handbook collectively as the "speech policies."

Although the plaintiffs maintain that no appeal process exists by which an aggrieved student may challenge an administrator's refusal to grant permission to distribute literature, the Court notes the school's policy regarding "Due Process Rights" ("Due Process Policy") which reads:

In situations involving discipline or other consequential action, the Westfield Public School district acknowledges its responsibility to afford students due process and timely resolution to proceedings, as mandated by state and federal statutes and the regulations of the Commonwealth of Massachusetts. For all actions, students have the right to be informed of the charges or issues, to be given an opportunity to respond and to be apprised of the outcome and any applicable appeal procedures. The specific responsibility of the district regarding due process is dependant upon the action under consideration by the district in any given situation. Procedures to address specific mandates are outlined accordingly throughout Section J.⁵ In addition to procedures specifically stated, the district supports the efforts of students and parents/guardians in directing student specific programmatic or procedural concerns to appropriate staff throughout the system.

Id. at 23.

In addition to the policies explicitly mentioned in the Student Handbook, the school appears to have a speech policy governing the distribution of literature unrelated to school curriculum ("Distribution Policy...