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Sample First Amendment Pleading
Affidavit Supporting Injunction

 

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

BETH A. SLOAN
by her parent Fred Sloan,

and

POWHATAN CHAPTER OF THE
FELLOWSHIP OF CHRISTIAN ATHLETES

                                Plaintiffs,

v.                                                           Case No.

RICHARD COLE,
Individually and in his official capacity as
Principal of Powhatan High School, Powhatan, Virginia.

and

T. J. BISE,
In his official capacity as Chairman of Powhatan School Board

and

POWHATAN SCHOOL BOARD.

                                            Defendants.

AFFIDAVIT

  1. Beth A. Sloan (hereinafter "Sloan") is a 17 year old student at Powhatan High School (hereinafter "Powhatan") in Powhatan, Virginia and a resident and citizen of Powhatan, Virginia, United States of America.
  2. Sloan is a member of a local club and chapter of Fellowship of Christian Athletes (hereinafter "FCA").
  3. The local chapter of Fellowship of Christian Athletes is a club started by Powhatan students.
  4. FCA is a student-led group whose purpose includes Christian fellowship, growth and outreach whose membership is open to all.
  5. Under the policy and procedures of the Powhatan each club is required to have a faculty or staff sponsor to provide adult supervision.
  6. The staff sponsor of FCA at Powhatan is Grace Sloan, an instructional assistant at Powhatan.
  7. FCA is one of a number of club and unincorporated student associations, there being approximately 20, which meet during regular school hours at Powhatan High School.
  8. Powhatan permits student clubs to operate and meet and to use school property for the presentation of all views regarding student life while restricting those views which deal with student life from a religious standpoint.
  9. FCA is similar to all other clubs at Powhatan except for its religious viewpoint and religious purposes.
  10. As FCA is a student-led club, it does not speak for or transmit any message for Powhatan.
  11. Numerous of the clubs and other unincorporated student associations request and receive permission from the school to host guest speakers, including but not limited to the club Family Career and Community Leaders of America ("FCCLA") and upon information and belief the club Students Against Destructive Decisions ("SADD").
  12. Additionally clubs have brought in guest speakers and the school has permitted the students to announce the coming of the guest speaker and to invite non-club members to attend the special occasion, including but not limited to the Drama Club who just two (2) weeks ago had an outside make-up artist speak and demonstrate the craft.
  13. Under the policy and procedures of Powhatan, clubs must submit requests for guest speakers on a form approved by Powhatan and through the club’s sponsor.
  14. On October 27, 1999, at the request of the students, including Beth Sloan, by and through their sponsor, Grace Sloan, FCA submitted the request for a quest speaker on the appropriate form in the appropriate manner all consistent with the policy and procedures of Powhatan.
  15. Exhibit 1 is a true and accurate copy of the request sheet.
  16. The permission for the speaker was requested for an event which is scheduled to take place on November 18, 1999.
  17. The guest speaker is the Youth Pastor for Trinity Presbyterian Church and was to speak on the topic of Christian growth.
  18. On November 2 or 3rd, 1999, Ms. Beverly Funn, the Assistant Principal, advised Grace Sloan that she did not believe the club would be permitted to have the speaker, because Mr. Richard Cole, Principal of Powhatan, did not want a Christian speaking in the clubs.
  19. When Grace Sloan advised Ms. Funn that she was concerned that other clubs were permitted outside speakers and that a speaker’s religious affiliation or the fact that he was religious was not an appropriate basis to deny the request, Beverly Funn stated that she would talk with Richard Cole again.
  20. On November 10, 1999, FCA by and through their required sponsor, Grace Sloan, again requested the approval and Beverly Funn advised her that she knew it was legal for FCA to have the speaker but that it was Mr. Cole’s decision.
  21. On November 15, 1999, Mr. Cole advised Grace Sloan that FCA could not have the speaker because he did not want a Christian to proselytize students. Mr. Cole further informed Grace Sloan that FCA would no longer be permitted to announce their club activities or meetings which were outside of school time.
  22. All other clubs are permitted to announce their activities which occur outside of school time.
  23. Additionally, Cole has restrained FCA from announcing their club activities which involve prayer.
  24. The school published a brochure listing and describing all of the student clubs. Each club submitted a description of its purpose and activities. Mr. Cole refused to permit FCA to describe in their words its purposes and activities while permitting all other clubs to do so. Cole edited and removed speech which referenced the Bible including what they described as their theme verse which was "Ephesians 5:1&2 ‘Be imitators of God, therefore as dearly loved children and live a life of love, just as Christ loved us and gave himself up for us as a fragrant offering and sacrifice to God.’"

/s/ Beth A. Sloan

/s/ Grace Sloan