On The Front Lines
Rutherford Institute Attorneys Ask U.S. District Court to Dismiss ACLU Lawsuit Against Indian River School Board Member
WILMINGTON, Del. -- Attorneys for The Rutherford Institute have asked the U.S. District Court for the District of Delaware to dismiss a lawsuit recently filed by the ACLU against Reginald Helms in his official capacity as a member of the Indian River School District Board of Education. The lawsuit, which was filed by the ACLU in February 2005 against school board members in their personal and professional capacities, alleges that school- sponsored prayer "has pervaded the life of teachers and students" in the Indian River District schools. In their motion to have the case dismissed, Institute attorneys argue that as a school board member, Helms should have immunity from liability claims under the established doctrine of absolute legislative immunity."The Supreme Court has said that we are a religious people and our institutions presuppose a supreme being," said John W. Whitehead, president of The Rutherford Institute. "I commend the officials at Indian River School District for holding to this truth and standing up for their constitutional rights."
An official with the Indian River School District Board of Education contacted The Rutherford Institute for help in August 2004, after the Wilmington, Del., branch of the ACLU demanded that IRSD board members stop opening their monthly business meetings with a prayer. Attorneys for The Rutherford Institute agreed to represent Reginald Helms, vice president of the IRSD Board of Education, in his individual capacity should the Delaware school district's practice of opening meetings with a brief prayer be challenged. Despite pressure from the Wilmington chapter of the ACLU to cease issuing prayers at public events, officials with the IRSD opened a school board meeting on Aug. 24, 2004, with a brief invocation. Several hundred members of the community gathered at Frankford Elementary School for the monthly business meeting broke into applause after Board President Harvey Walls asked board member Dr. Donald G. Hattier to lead the board in a word of prayer. Hattier read a prayer given by George Washington during the Revolutionary War. During the business meeting, the board also issued a first reading of a policy concerning school prayer at baccalaureate and commencement ceremonies, which states that student-initiated, student-delivered, voluntary messages may be permitted during graduation ceremonies. Thomas Neuberger, a Rutherford affiliate attorney with the Neuberger Firm, which is based in Wilmington, Del., is defending school board member Reginald Helms against the ACLU's lawsuit.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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