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TRI In The News

Organization in Bow-and-Arrow Case Has History in York County

From YDR.com

The organization that took up the case of a South Eastern School District fifth-grader suspended for an imaginary bow and arrow has previously intervened in some high-profile York County cases.

The Rutherford Institute, a nonprofit civil liberties organization, recently sounded the alarm after a fifth-grader received a one-day, in-office suspension for pretending to shoot a classmate with an imaginary bow and arrow. The organization believes it is because of a zero-tolerance weapons policy -- an issue Rutherford has fought against many times -- though the district says it has no zero-tolerance policies.

The organization wants the suspension rescinded and removed from the student's record.

The Rutherford Institute, based in Charlottesville, Va., was founded in 1982 by attorney John W. Whitehead, according to its website.

"As a Christian and '60s rebel who considered himself an activist, Whitehead dreamed of creating a legal organization that would defend people who were persecuted or oppressed for their beliefs without charging them for such services," the website says.

Here's a closer look at what the organization has worked on locally and elsewhere.

What else has Rutherford done locally?

The Rutherford Institute filed a brief with the U.S. Supreme Court in the case filed by Albert Snyder, then of Spring Garden Township, against the Westboro Baptist Church, which picketed outside the funeral of Snyder's son, Marine Lance Cpl. Matthew Snyder, who was killed in Iraq in 2006. The court ruled in favor of Westboro.

The Institute had argued that Albert Snyder said the funeral was private, but that he'd given interviews about his son, announced funeral details and allowed the media to set up nearby, and that even if the ceremony was private, Westboro's speech on public sidewalk was protected.

The organization also tried to intervene in the 2005 lawsuit against the Dover Area School District over intelligent design. The organization represented parents who wanted to be part of the suit on the district's side, saying they wanted their children to have information about intelligent design. The request was denied by a judge.

"I believe in pure academic freedom in school," Whitehead said in an interview Friday. "Every subject should be discussed.

"Again, I don't have to agree with a viewpoint to support it," he said.

What issues does Rutherford tackle?

"Key cases" currently featured on the organization's website include a high school student who had religious objections to being forced to wear a name badge that tracked her movements, a Marine who was detained over posts he made on Facebook, and an Arizona man jailed and fined for using his property to host Bible study in violation of building codes.

Whitehead said the organization handles "anything dealing with freedom issues," citing free speech, illegal police searches, protestor cases, and so on.

It was probably 1994 or 1995 when he first got a call about a "zero-tolerance" issue, he said, which he'd never heard of at the time. Zero-tolerance policies are generally considered to be those that result in a particular discipline for a student, without considering the circumstances of the violation.

"I don't like zero-tolerance policies generally," he said, saying schools should take students' intent into account.

Sometimes cases go to court, but school cases are more often being negotiated before they reach that point, he said. That kind of resolution saves money and time for everyone.

Whitehead said his organization might get 30 to 50 calls for help on any given day. If there's a "pure constitutional issue," the institute will get involved.

The organization has been called conservative and libertarian, but Whitehead said it's nonpolitical.

"We can work with the ACLU on one side, and the right wing on the other side," he said.

Whitehead said he hasn't voted in 30 years. He said that early on, he sued a politician who accused him of supporting the other guy.

"People on the right say I'm really left wing. People on the left say, 'He's really right wing,'" he said. "I don't have any wings." In an NPR story from June, ACLU President Susan Herman said that the Rutherford Institution's mission tends to focus on individual rights, while the ACLU tries to act on behalf of the "entire Constitution," citing work against voter suppression laws. Herman also told NPR that the two organizations differ on the issue of "reproductive freedom," saying the ACLU believes a woman has the right to have an abortion while Rutherford believes an unborn fetus has the right to live.

How is Rutherford funded?

Whitehead said he has lawyers around the country who do work pro bono, and the institute pays the court costs.

"We don't have large donors. The average donor's about $25," he said.

According to 2011 tax forms filed by the Rutherford Institute, the group had an operating budget of around $1.5 million that year.

He said the organization has a broad base of donors. Asked if there were any major funders, he responded that the group is too controversial.

He takes cases that people think he's crazy for. Offering legal advice to Margie Phelps of Westboro Baptist Church was one of them, he said. Phelps argued Westboro's case in the Supreme Court.

The institute also represented Paula Jones in her sexual harassment lawsuit against President Bill Clinton. The Washington Post, in 1998, reported that had taken a toll on the organization's finances.

Late this month, Rutherford sent out emails asking for last-minute 2013 donations.

"We must raise more than $250,000 by December 31 if we are to be able to continue fighting for justice, freedom and faith in the new year," one email says.

"We're always hand-to-mouth. We're always behind," Whitehead said Friday.

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