The Lyon County School Board has decided to not distribute flyers from any organization in the midst of an impending legal dispute with a local church.
In a statement the board said they do not want to hinder the mission of any religious group saying in part -
"The LCSD Board of Trustees recommend the elimination of a limited public forum by no longer providing the public service of distributing flyers and announcements for external organizations as it appears that this has become the least litigious scenario for the LCSD."
Lawyers with Calvary Chapel Dayton Valley, who threatened to sue the school district by claiming their clients were being censored, say they are disappointed in the decision and believe it's unnecessary.
“Rather than work within that structure within the way that the law is, it's clearly on the side of religious liberty and the protection of both the school district as well as my client, they decided instead to take their ball and go home, and that's unfortunate,” says Jeremy Dys, deputy general counsel, First Liberty Institute.
The board said it will take a look at amending their public forum policy in their next meeting in January.
Afterwards, Dys released this statement:
“The Lyon County School Board’s decision to end its flyer distribution program was unnecessary and disappointing. The Supreme Court has repeatedly held the First Amendment requires government agencies to be neutral toward private speech. The citizens of Lyon County should be gravely concerned that its school board would rather end an important, historic, and much beloved community service than follow the law and run roughshod over the First Amendment.”
The Lyon County School District’s full statement reads:
"The Lyon County School District recognizes and understands the essential role religious organizations fulfill in the lives of students and families in the communities they serve. In addition, the Lyon County School District does not wish to be a barrier to, nor hinder the mission of any religious organization, as this would be in direct conflict of their own mission to “Provide relevant learning opportunities that develop adaptable, persistent, and self-directed learners capable of creativity, collaboration, communication, and critical thinking necessary to overcome complex challenges”. In addition, the LCSD Board of Trustees is obligated and committed to being good stewards of the limited, precious resources they receive through the hard work of the great citizens in their communities.
"The First Amendment to the United States Constitution prohibits government/public institutions from establishing or promoting a religion. It also precludes them from prohibiting the free exercise of religion. Consequently, a public-school district is required to continually find balance between promoting or establishing a religion and prohibiting the free exercise of religion whenever they choose to create a limited public forum. If the school district attempts to reduce their liability by what may be perceived as limiting the promotion or establishment of religion, then religious organizations may attempt legal action for a violation of the First Amendment. If the school district attempts to reduce their liability by allowing what may be perceived as the promotion or establishment of religion, then the American Civil Liberties Union (ACLU), a private citizen or other group may attempt legal action for a violation of the First Amendment. Unfortunately, both scenarios place a public-school district in a precarious situation for possible legal action when they choose to create a limited public forum.
"A limited public forum is created when a public-school district provides the public service of distributing flyers and/or announcements for external organizations. In addition, a limited public forum is also created when a public-school district allows the formation of clubs in schools or the use of its facilities by external organization.
"Since the LCSD is required protect its limited, precious resources and use them to fulfill their mission when educating all students; and since the LCSD does not wish to be a barrier to, nor hinder the mission of any religious organizations; and since the LCSD is obligated and committed to obeying all the laws of this nation and state; it is therefore with great regret that the LCSD Board of Trustees recommend the elimination of a limited public forum by no longer providing the public service of distributing flyers and announcements for external organizations as it appears that this has become the least litigious scenario for the LCSD."
