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TRI Sues Ohio School District for Discriminating Against Christian Rock Band

Rutherford Institute Attorneys Defend Free Speech, Equal Protection Rights of Christian Rock Band

TOLEDO
, Ohio -- Attorneys for The Rutherford Institute have filed suit in the U.S. District Court on behalf of some of the members of Pawn, an Ohio rock band that was prevented from performing at a school-sponsored anti-drug assembly allegedly because members of the band are Christians and over concerns about having religious music played in a public school. In filing suit against the Rossford Exempted Village School District and other school officials, Institute attorneys have charged that school officials violated Pawn band members' First and Fourteenth Amendment rights when they discriminated against them because of their religious beliefs. Read the complaint here (PDF).

"This is a classic case of viewpoint discrimination and a perfect example of how far school officials are willing to go to avoid any association with religious individuals or ideas," said John W. Whitehead, president and founder of The Rutherford Institute. "By rescinding their invitation to have Pawn play at the anti-drug assembly, school officials treated these young musicians like pariahs simply because of their Christian beliefs. We hope that the court will send a strong message to school officials that such censorship is unconstitutional."

In December 2004, school officials arranged for Pawn to perform at a school-sponsored anti-drug assembly that was scheduled to take place on Dec. 21, 2004, at Rossford High School in Rossford, Ohio. Pawn performs original compositions written by its band members, all of whom are Christians, and attempts to convey positive messages through its music, including messages that oppose the use of drugs, the use of alcohol and sexual promiscuity. Pawn agreed to perform at the assembly and to present anti-drug and anti-alcohol messages to the students between songs. Pawn also agreed that its statements between songs would not be religious and would be limited to the "Just Say No" anti-drug, anti-alcohol message of the assembly. Attendance at the assembly was to be purely voluntary; all students were to be given the option of attending Pawn's performance, attending a study hall or attending a movie. Both the school and Pawn began making immediate preparations for the assembly. Pawn's performance was announced to students, and posters were printed to promote the event. The schedule for the school day was rearranged as well to accommodate the assembly and Pawn's performance. The band's manager arranged for the erection of scaffolding at the performance site, and the members of Pawn began work on various visual effects for the performance. However, on December 13, a week prior to the assembly, school officials rescinded their invitation and invited another local band to perform in Pawn's place. In filing suit against the Rossford Exempted Village School District, Institute attorneys charge that school officials violated the band members' constitutional rights by preventing Pawn from performing at the assembly because of the musicians' religious beliefs and the content of their songs.

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.



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