Case: Bronx Household of Faith v. Board of Education of the City of New York

1:01-cv-08598 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 24, 2001

Closed Date: June 2, 2011

Clearinghouse coding complete

Case Summary

Plaintiff is an evangelical Christian church founded in 1971 and located in the Bronx, New York. The legal battle between Plaintiff and the New York Board of Education (the "Board") started from 1994, when Plaintiff applied to use space in one middle school in the Bronx, New York, for its Sunday morning church services. According to Plaintiff's application, its services would include "singing of Christian hymns and songs, prayer, fellowship with other church members and Biblical preaching and t…

Plaintiff is an evangelical Christian church founded in 1971 and located in the Bronx, New York. The legal battle between Plaintiff and the New York Board of Education (the "Board") started from 1994, when Plaintiff applied to use space in one middle school in the Bronx, New York, for its Sunday morning church services. According to Plaintiff's application, its services would include "singing of Christian hymns and songs, prayer, fellowship with other church members and Biblical preaching and teaching, communion, [and] sharing of testimonies," followed by a "fellowship meal," during which attendees ''talk to one another, [and] share one another's joys and sorrows so as to be a mutual help and comfort to each other."

Under New York State law, a local public school district may permit its facilities to be used outside of school hours for purposes such as "social, civic and recreational meetings and entertainments, and other uses pertaining to the welfare of the community," as long as the uses are "nonexclusive and ... open to the general public." N.Y. Educ. Code § 414(1)(c). Pursuant to this provision, New York City's Department of Education developed a written policy governing use of school facilities during after-school hours as part of its Standard Operating Procedures Manual ("SOP"). The policy, or SOP, permits outside groups to use school premises for the purposes described in the state law, when the premises are not being used for school programs and activities, but subject to limitations. In earlier stages of this litigation, SOP § 5.9 prohibited the use of school property for "religious services or religious instruction." Bronx Household of Faith v. Community School District No. 10 (Bronx Household I), 127 F.3d 207, 210 (2d Cir. 1997). The Board denied Plaintiff's application under SOP § 5.9.

Plaintiff brought suit against the Board under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, Foley Square Division, contending that the Board's denial of its application constituted viewpoint discrimination in violation of the Free Speech Clause of the First Amendment. The district court granted the Board's motion for summary judgment, and dismissed the suit. The Court of Appeals for the Second Circuit (Judge Roger J. Miner) affirmed, concluding that the Department of Education had created a limited public forum by opening school facilities only to certain activities, and that the exclusion of religious services and religious instruction was viewpoint-neutral and reasonable in light of the forum's purposes. Bronx Household I, 127 F.3d at 211-15, 217.

In 2001, however, the United States Supreme Court ruled in Good News Club v. Milford Central School, 533 U.S. 98 (2001), that it was unconstitutional for a public school district in Milford, New York, to exclude from its facilities "a private Christian organization for children," which had requested permission to use space in a school building after school hours to sing songs, read Bible lessons, memorize scripture, and pray. The Milford district's policy, in accordance with New York state law, permitted school facilities to be used for "social, civic and recreational meetings and entertainment events, and other uses pertaining to the welfare of the community." However, it prohibited use "by any individual or organization for religious purposes," which school district officials interpreted as prohibiting ''religious worship" or ''religious instruction." The Supreme Court concluded that the Good News Club was seeking to "address a subject otherwise permitted [in the school], the teaching of morals and character, from a religious standpoint," and, therefore, the school district's denial of the club's application constituted impermissible viewpoint discrimination in the context of a limited public forum.

After the Supreme Court's decision in Good News Club, Plaintiff applied again, and its application was again denied. Bronx Household of Faith v. Board of Education of the City of New York (Bronx Household II), 331 F.3d 342, 346-48 (2d Cir. 2003). Plaintiff brought a new action, and this time the district court, citing Good News Club, preliminarily enjoined the Board from denying the permit. Bronx Household of Faith v. Board of Education of the City of New York, 226 F. Supp. 2d 401 (S.D.N.Y. 2002). The Court of Appeals (Judge Richard J. Cardamone) affirmed the preliminary injunction, finding that the district court did not abuse its discretion, and acknowledging the "factual parallels between the activities described in Good News Club and the activities at issue in the present litigation." Bronx Household II, 331 F.3d at 354. After the issuance of the preliminary injunction, Plaintiff applied for, and was granted, permission to use P.S. 15 in the Bronx for its Sunday "Christian worship service[s]." Bronx Household III, 492 F.3d at 94, 101 (Calabresi, J., concurring).

Plaintiff thereafter moved for summary judgment to convert the preliminary injunction into a permanent injunction, and the Board cross-moved for summary judgment. During the pendency of the motions for summary judgment, the Board wrote to the district court asking the court to adjudicate the issue under a revised SOP, numbered SOP § 5.11,3 which was intended to replace the old standard. The Board advised that the new SOP § 5.11 had been "approved at the highest levels of the Department of Education" and that if Plaintiff were to reapply, its application would be rejected under the new SOP § 5.11. The text of the new SOP § 5.11 prohibited use of school property for "religious worship services, or otherwise using a school as a house of worship.'''' The district court, after initially expressing doubt about its jurisdiction to rule on the constitutionality of a rule whose status was unclear and which had not been applied against Plaintiff, nevertheless concluded that the question was justiciable and granted summary judgment in favor of Plaintiff, permanently enjoining the Board from enforcing the proposed SOP § 5.11. Bronx Household of Faith v. Board of Education of City of New York, 400 F. Supp. 2d 581, 588, 601 (S.D.N.Y. 2005). The district court concluded that its decision was compelled by the Supreme Court's decision in Good News Club.

On appeal, a majority consisting of Judge Guido Calabresi and Judge Pierre N. Leval, over dissent by Judge John M. Walker, Jr., vacated the permanent injunction, although the Court of Appeals was divided as to the rationale for doing so. Bronx Household III, 492 F.3d at 91 (per curiam). Judge Calabresi would have reached the merits and would have ruled that the proposed SOP § 5.11 was a reasonable, viewpoint-neutral, content-based restriction. Judge Leval concluded that litigation over the constitutionality of the proposed SOP § 5.11 was unripe for adjudication. This was because the proposed rule, although "approved at the highest levels," had not been promulgated by the Board, and Plaintiff had neither applied, nor been refused, under the new standard. Judge Walker wrote in dissent that he would have reached the merits and would have ruled that enforcement of the new SOP was barred by Good News Club, because in his view it constituted impermissible viewpoint discrimination. The Court of Appeals remanded the case to the district court for all purposes.

In July 2007, shortly after the decision remanding the case, the Board adopted the proposed SOP and published it for the first time. Plaintiff applied to use P.S. 15 under the new rule, stating in its application that it planned to use the facilities for "Christian worship services," and the Board denied the application. Both parties then moved for summary judgment. The district court again granted summary judgment in favor of Plaintiff and permanently enjoined the Board from enforcing SOP § 5.11 against Plaintiff, adopting the reasoning of its previous opinion.

The case was then before the Court of Appeals for the fourth time. On June 02, 2011, the Court of Appeals (Judge Pierre N. Leval) reversed the judgment of the district court and vacated the injunction barring enforcement of the rule against Plaintiff.

At the date of this writing, no writ to the U.S. Supreme Court has been sought.

Summary Authors

Xin Chen (6/22/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4908710/parties/the-bronx-household-v-board-of-education/


Judge(s)

Calabresi, Guido (Connecticut)

Cardamone, Richard J. (New York)

Leval, Pierre Nelson (New York)

Miner, Roger Jeffrey (New York)

Preska, Loretta A. (New York)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Bull, Benjamin W. (Arizona)

Infranco, Joseph P. (New York)

Lindevaldsen, Rena M (Florida)

Lorence, Jordan W. (District of Columbia)

Judge(s)

Calabresi, Guido (Connecticut)

Cardamone, Richard J. (New York)

Leval, Pierre Nelson (New York)

Miner, Roger Jeffrey (New York)

Preska, Loretta A. (New York)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Bull, Benjamin W. (Arizona)

Infranco, Joseph P. (New York)

Lindevaldsen, Rena M (Florida)

Lorence, Jordan W. (District of Columbia)

Attorneys(s) for Defendant

Grumet, Lisa Fleming (New York)

Other Attorney(s)

Becker, Grace Chung (District of Columbia)

Fong, Isaac (Virginia)

Documents in the Clearinghouse

Document

1:01-cv-08598

Docket

June 2, 2011

June 2, 2011

Docket

96-09633

[Appellate opinion affirming district court]

Bronx Household of Faith v. Community School District No. 10

U. S. Court of Appeals for the Second Circuit

127 F.3d 207

Sept. 15, 1997

Sept. 15, 1997

Order/Opinion
23

1:01-cv-08598

District Court Opinion

226 F.Supp.2d 401

June 26, 2002

June 26, 2002

Order/Opinion

02-07781

2nd Circuit Opinion

U. S. Court of Appeals for the Second Circuit

331 F.3d 342

June 6, 2003

June 6, 2003

Order/Opinion
84

1:01-cv-08598

District Court Opinion

400 F.Supp.2d 581

Nov. 18, 2005

Nov. 18, 2005

Order/Opinion

06-00725

2nd Circuit Opinion

U. S. Court of Appeals for the Second Circuit

492 F.3d 89

July 2, 2007

July 2, 2007

Order/Opinion

07-05291

Brief of Appellees

U. S. Court of Appeals for the Second Circuit

March 20, 2008

March 20, 2008

Pleading / Motion / Brief

07-05291

Brief of the Christian Legal Society as Amicus Curiae Supporting Appellees and Urging Affirmance

U. S. Court of Appeals for the Second Circuit

March 31, 2008

March 31, 2008

Pleading / Motion / Brief

07-05291

Brief of the United States as Amicus Curiae Supporting Appellees and Urging Affirmance

U. S. Court of Appeals for the Second Circuit

April 1, 2008

April 1, 2008

Pleading / Motion / Brief

07-05291

2nd Circuit Opinion

U. S. Court of Appeals for the Second Circuit

630 F.3d 30

June 2, 2011

June 2, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4908710/the-bronx-household-v-board-of-education/

Last updated Aug. 2, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 417539. (gmo) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

84

OPINION # 92418 granting 41 MOTION for Summary Judgment, filed by The Bronx Household of Faith,, Jack Roberts,, Robert Hall, and denying 45 MOTION for Summary Judgment, filed by The Board of Education of the City of New York,, Community School Di strict No. 10. Defts are permanently enjoined from enforcing Present SOP 5.11 so as to exclude plntfs or any other similarly situated individual fromotherwise permissible after-school and weekend use of a NYC public school. Counsel shall confer and submit a proposed order. (Signed by Judge Loretta A. Preska on 11/16/05) (cd, )

Nov. 18, 2005

Nov. 18, 2005

RECAP
131

OPINION and ORDER: #101478 granting 114 Motion for Preliminary Injunction. For the foregoing reasons, Plaintiffs Motion for Preliminary Injunction [Dkt. No. 114] is GRANTED. Defendants are enjoined from enforcing Ch. Reg. D-180 § I.Q so as t o deny Plaintiffs application or the application of any similarly-situated individual or entity to rent space in the Boards public schools for morning meetings that include religious worship. (Signed by Judge Loretta A. Preska on 2/24/2012) (mph) Modified on 2/28/2012 (jab).

Feb. 24, 2012

Feb. 24, 2012

RECAP
2

RULE 1.9 CERTIFICATE filed by The Bronx Household . (gmo) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

3

NOTICE OF MOTION by The Bronx Household, Robert Hall, Jack Roberts; for an Order admitting Jordan Lorence pro hac vice to represent the plaintiffs . Return date not indicated. (kkc) (Entered: 09/26/2001)

Sept. 24, 2001

Sept. 24, 2001

4

NOTICE OF MOTION by The Bronx Household, Robert Hall, Jack Roberts; for an Order for a preliminary injunction . Return date not indicated. (kkc) (Entered: 09/26/2001)

Sept. 24, 2001

Sept. 24, 2001

5

BRIEF by The Bronx Household, Robert Hall, Jack Roberts in support of: [4−1] motion for an Order for a preliminary injunction. (kkc) (Entered: 09/26/2001)

Sept. 24, 2001

Sept. 24, 2001

Case accepted as similar to 1:01cv5501. (gmo) (Entered: 09/26/2001)

Sept. 24, 2001

Sept. 24, 2001

Case accepted as similar to 1:95cv5501. (jol) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

7

Notice of Case Assignment to Judge Loretta A. Preska . Copy of notice and judge's rules mailed to Attorney(s) of record: Rena Marie Lindevaldsen, Joseph P. Infranco, Benjamin W. Bull, Jordan W. Lorence . (jol) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

Magistrate Judge James C. Francis is so designated. (jol) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

6

AFFIDAVIT OF SERVICE of summons, complaint, rule 1.9 as to Community School by Bruce Irushalim−director on 9/25/01 . Answer due on 10/15/01 for Community School . (bai) (Entered: 10/02/2001)

Oct. 1, 2001

Oct. 1, 2001

Memo endorsed on motion; granting [3−1] motion for an Order admitting Jordan Lorence pro hac vice to represent the plaintiffs . ( signed by Judge Loretta A. Preska ); Copies mailed; (forwarded orig. doc. to the Attorney Admissions Clerk) (cd) (Entered: 10/26/2001)

Oct. 26, 2001

Oct. 26, 2001

8

ANSWER to Complaint by Board of Education, Community School (Attorney Lisa Grumet) . (yv) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

9

Memo−Endorsement on letter addressed to Judge Preska from Lisa Grument, dated 11/9/01. Defendants' response to motion reset to 12/3/01 for [4−1] motion for an Order for a preliminary injunction ; plaintiffs' Reply to Response to Motion reset to 12/11/01 for [4−1] motion for an Order for a preliminary injunction . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw) (Entered: 11/26/2001)

Nov. 20, 2001

Nov. 20, 2001

10

Memo−Endorsement on letter addressed to Judge Preska from Lisa Grument, dated 12/5/01. Granting defendants' request for leave to file a 35 page memorandum of law in opposition to plaintiffs' motion for a preliminary injunction . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

11

Memo−Endorsement on letter addressed to Judge Preska from Lisa Grumet, dated 11/29/01; granting counsel for defts' request for an extension of the date for service of defts' opposing papers to 12/5/01 for [4−1] motion for an Order for a preliminary injunction . ( signed by Judge Loretta A. Preska ); Copies mailed. (sn) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

12

MEMORANDUM OF LAW by Board of Education, Community School in opposition to [4−1] motion for an Order for a preliminary injunction . (cd) (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

13

DECLARATION of Lisa Grumet by Board of Education, Community School in support Re: [12−1] opposition memorandum . (cd) (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

14

DECLARATION of John Musico by Board of Education, Community School in support Re: [12−1] opposition memorandum . (cd) (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

15

DECLARATION of Frank Pugliuca by Board of Education, Community School in support Re: [12−1] opposition memorandum (cd) (Entered: 12/13/2001)

Dec. 12, 2001

Dec. 12, 2001

16

REPLY BRIEF by The Bronx Household, Robert Hall, Jack Roberts in support of: [4−1] motion for an Order for a preliminary injunction (moc) (Entered: 12/15/2001)

Dec. 13, 2001

Dec. 13, 2001

17

AFFIDAVIT of Earl Carroll by The Bronx Household, Robert Hall, and Jack Roberts. (kw) (Entered: 12/20/2001)

Dec. 17, 2001

Dec. 17, 2001

18

AFFIDAVIT of Robert Hall. (kw) (Entered: 12/20/2001)

Dec. 17, 2001

Dec. 17, 2001

19

AFFIDAVIT of Dave Laguer by The Bronx Household, Robert Hall, and Jack Roberts. (kw) (Entered: 12/20/2001)

Dec. 17, 2001

Dec. 17, 2001

20

AMICUS BRIEF by Agudath Israel of America. (yv) (Entered: 12/27/2001)

Dec. 19, 2001

Dec. 19, 2001

21

Transcript of record of proceedings before Judge Loretta A. Preska for the date(s) of 12/18/01. (tr) (Entered: 02/08/2002)

Feb. 8, 2002

Feb. 8, 2002

22

Letter filed by The Bronx Household addressed to Clerk of the Court from Sumi Thomas, dated 5/6/02, re: address change. (yv) (Entered: 05/15/2002)

May 13, 2002

May 13, 2002

23

OPINION #87101, granting [4−1] motion for an Order for a preliminary injunction; counsel shall confer and deliver a proposed form of preliminary injunction no later than 6/28/02. If they are not in agreement, counsel shall appear at a conference to discuss the proposed order on 7/1/02, at 9:00 a.m., ctrm 12A, USDC, SDNY, 500 Pearl Street, NY, NY . ( signed by Judge Loretta A. Preska ); Copies mailed. (kw) (Entered: 06/28/2002)

June 26, 2002

June 26, 2002

24

NOTICE OF APPEAL by Board of Education, Community School from ; the Judgment dated on or about July 3, 2002 and [23−1] order counsel shall confer and deliver a proposed form of preliminary injunction no later than 6/28/02. If they are not in agreement, counsel shall appear at a conference to discuss the proposed order on 7/1/02, at 9:00 a.m., ctrm 12A, USDC, SDNY, 500 Pearl Street, NY, NY . Copies of notice of appeal mailed to Attorney(s) of Record: Rena Marie Lindevaldsen, Joseph P. Infranco, Benjamin W. Bull and Jordan W. Lorence. $105.00 Appeal filing fee paid 7/3/02 on receipt # E 0444105. (dt) (Entered: 07/08/2002)

July 3, 2002

July 3, 2002

25

JUDGMENT. For the reasons set forth in the Opinion dated June 26, 2002, defendants are hereby enjoined from enforcing the New York City Board of Education's Standard Operating Procedure section 5.11 so as to deny plaintiffs' application to rent space in a public school operated by the Borad of Education for morning meetings that include religious worship or the application of any similarly−situated individual or entity. ( signed by Judge Loretta A. Preska ); Mailed copies and notice of right to appeal. Entered On Docket: 07/08/02. (djc) (Entered: 07/08/2002)

July 3, 2002

July 3, 2002

Case closed. (djc) (Entered: 07/08/2002)

July 3, 2002

July 3, 2002

Case reopened. Case Closed in Error purs. to Judge Preska's chambers. (dcap) (Entered: 07/11/2002)

July 3, 2002

July 3, 2002

Notice of appeal and certified copy of docket to USCA: [24−1] appeal by Community School, Board of Education ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 07/08/2002)

July 8, 2002

July 8, 2002

26

ORDER, that for the reasosn set forth herein, this factor weighs against the stay. On balance, then, consideration of all four factors leads me to deny the requested stay, of course, without prejudice to an application to the Court of Appeals pursuant to Rule 8(a)(2) of the Fed. R. of Appellate Procedure . ( signed by Judge Loretta A. Preska ); Copies mailed. (tp) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

27

Memo endorsed on motion; The deadline for plaintiffs to file a motion for attorneys' fees under 42 U.S.C. section 1988 if necessary, is postponed until 30 days after completion of all appeals in this case ; ( signed by Judge Loretta A. Preska ); Copies mailed. (djc) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

28

MANDATE OF USCA (certified copy) Re: [24−1] appeal by Community School, Board of Education. Appellants move for a stay pending appeal of a District Court Order granting the appellees' motion for a preliminary injunction. Upon due consideration, it is ORDERED that the motion is denied. The appellants have not met the requirements for a stay. (02−7781) roseann B. MacKechnie, Clerk, U.S.C.A. (Certified 8/23/02). (dt) (Entered: 08/27/2002)

Aug. 26, 2002

Aug. 26, 2002

29

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals. (dt) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

30

ORDER, the Clerk of Court is hereby ordered to add the Affidavit of Jeffrey G. Fanara dtd 12/17/01, and Deposition of Maritza Mejia, dtd 12/14/01, to the docket sheet no. 01 Civ.8598(LAP) . ( signed by Judge Loretta A. Preska ); (kg) (Entered: 10/23/2002)

Oct. 18, 2002

Oct. 18, 2002

30

AFFIDAVIT of Jeffrey G. Fanara. (kg) Modified on 10/23/2002 (Entered: 10/23/2002)

Oct. 18, 2002

Oct. 18, 2002

30

DEPOSITION of Maritza Mejia held on 12/14/01. (kg) (Entered: 10/23/2002)

Oct. 18, 2002

Oct. 18, 2002

31

MANDATE OF USCA (certified copy) Re: affirm [24−1] appeal by Community School, Board of Education. ORDERED ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED in accordance with the opinion of this court. ISSUED AS MANDATE 9/16/03, 02−7781. MACKECHNIE, CLERK, USCA. (pr) (Entered: 09/25/2003)

Sept. 23, 2003

Sept. 23, 2003

33

ENDORSED LETTER addressed to Judge Preska from Jordan Lorence dated 8/26/04: counsel shall participate in a conference call on 10/4/04 at 1:30 pm EST. (Signed by Judge Loretta A. Preska on 9/28/04) (cd, ) (Entered: 10/01/2004)

Sept. 29, 2004

Sept. 29, 2004

34

SCHEDULING ORDER:all amendments to pleadings shall be completed by 11/30/04; all nonexpert discovery shall be completed by 1/31/05; any party wishing to make a dispositive motion shall submit a letter setting forth the grounds for the motion and requesting a premotion conference no later than 1/31/05 as further set forth in this order. (Signed by Judge Loretta A. Preska on 10/4/04) (dle, ) (Entered: 10/07/2004)

Oct. 5, 2004

Oct. 5, 2004

35

ENDORSEMENT; plaintiff may proceed with its summary judgment motion as soon as the discovery matters raised in Mr. Lorence's 11/10 letter are resolved. Counsel shall inform the Court by letter of the agreed−upon briefing schedule. (Signed by Judge Loretta A. Preska on 11/16/04) Copies mailed by chambers.(pl, ) (Entered: 11/30/2004)

Nov. 18, 2004

Nov. 18, 2004

36

STIPULATION AND PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Loretta A. Preska on 2/7/05) (db, ) (Entered: 02/17/2005)

Feb. 15, 2005

Feb. 15, 2005

37

ENDORSED LETTER addressed to Judge Loretta A. Preska from Lisa Grumet dated 1/28/05 re: counsel for defendant requests an adjournment of the date for defendants to submit a letter concerning their planned summary judgment motion to 2/18/05. Application GRANTED. (Signed by Judge Loretta A. Preska on 3/4/05) Copies Faxed by Chambers.(db, ) (Entered: 03/10/2005)

March 7, 2005

March 7, 2005

38

MEMO ENDORSEMENT: Having reviewed counsel's recent correspondence it is hereby ordered that: 1. the parties may cross move for summary judgment on the schedule set out in the first paragraph of Ms. Grumet's 2/18/05 letter and 2. the dfts' request for time to conduct expert discovery is denied. Dfts have not explained how testimony by "a sociologist who has worship services" could be "highly relevant to dfts" position that having regular worship services in a public school building violates the Establishment Clause". In addition, discovery as to the cost of alternative space on the issue of whether use of the school buildings subsidizes plaintiff is irrelevant here because plaintiff has always requested access to the school facilities on the same terms and conditions as other community groups. (Signed by Judge Loretta A. Preska on 3/18/05) (dle, ) (Entered: 03/28/2005)

March 24, 2005

March 24, 2005

39

ENDORSED LETTER addressed to Judge Holwell from Lisa Grumet dated 3/23/05 re summary judgment motions: initial motion papers served by 4/7/05, opposition papers seved by 4/30/05 and reply papers by 5/16/05. (Signed by Judge Richard J. Holwell, for Judge Preska, on 3/29/05) (cd, ) (Entered: 04/04/2005)

March 30, 2005

March 30, 2005

40

ENDORSED LETTER addressed to Judge Preska from Lisa Grumet dated 4/4/056 re: granting the following proposed revised schedule: initial papers due on 04/11/05; opposition papers due on 05/10/05; and reply papers due on 05/24/05. (Signed by Judge Loretta A. Preska on 4/5/05) (djc, ) (Entered: 04/12/2005)

April 8, 2005

April 8, 2005

Set Deadlines/Hearings: Motions due by 4/7/2005. Replies due by 5/16/2005. Responses due by 4/30/2005 (djc, ) (Entered: 04/12/2005)

April 8, 2005

April 8, 2005

41

MOTION (FILED ON SERVICE DATE) for Summary Judgment in Favor of Plaintiffs, on the Ground there is no Genuine Issue Of Material Fact, and that Plaintiffs Herein are Entitled to Judgemnt as a Matter of Law. Document filed by The Bronx Household of Faith, Robert Hall, Jack Roberts. (jmi, ) (Entered: 04/15/2005)

April 11, 2005

April 11, 2005

42

PLAINTIFFS' RULE 56.1 STATEMENT of Material Facts in Support of Summary Judgment. Document filed by The Bronx Household of Faith, Robert Hall, Jack Roberts. (jmi, ) (Entered: 04/15/2005)

April 11, 2005

April 11, 2005

44

PLAINTIFFS' BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT. Document filed by The Bronx Household of Faith, Robert Hall, Jack Roberts.(jmi, ) (Entered: 04/15/2005)

April 11, 2005

April 11, 2005

45

MOTION (FILED ON SERVICE DATE) for Summary Judgment dismissing complaint. Document filed by The Board of Education of the City of New York, Community School District No. 10. Attached is Rule 56.1 Statement (djc, ) (Entered: 04/21/2005)

April 12, 2005

April 12, 2005

46

MEMORANDUM OF LAW in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

47

DECLARATION of Maria Addamo in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

48

DECLARATION of Andres Alonso in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

49

DECLARATION of Sandy Brawer in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

50

DECLARATION of Carmen Farina in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

51

DECLARATION of Michele Cahill in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

52

DECLARATION of William Fraenkel in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

53

DECLARATION of Thomas Goodkind in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (djc, ) (Entered: 04/21/2005)

April 14, 2005

April 14, 2005

54

DECLARATION of Sean J. Walsh in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment. (ps, ) (Entered: 04/22/2005)

April 18, 2005

April 18, 2005

55

DECLARATION of Emily Sweet in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

56

DECLARATION of Janice Casey Silverberg in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

58

DECLARATION of Gail Rosenberg in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

59

DECLARATION of Daniel R. Schaffer in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

60

DECLARATION of Veronica Najjar in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

61

DECLARATION of Frances Rabinowitz in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

62

DECLARATION of Lisa Grumet in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. (Part I − exhibits A−L) Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

63

DECLARATION of Lisa Grumet in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment and in Opposition to Plaintiffs' Application for a permanent injunction. (Part II − exhibits M−R) Document filed by The Board of Education of the City of New York, Community School District No. 10. (ps, ) (Entered: 04/25/2005)

April 18, 2005

April 18, 2005

65

Plaintiffs L.R. 56.1 response to dft's Statement of Material Fact. Document filed by The Bronx Household of Faith, Robert Hall, Jack Roberts. (pl, ) (Entered: 05/12/2005)

May 10, 2005

May 10, 2005

66

MEMORANDUM OF LAW in Opposition re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Bronx Household of Faith, Robert Hall, Jack Roberts. (pl, ) (Entered: 05/12/2005)

May 10, 2005

May 10, 2005

64

ENDORSED LETTER addressed to Judge Preska from Johnathan Rosenberg dated 4/29/05: granting permission for Association of the Bar for NYC to file amicus brief by 5/17/05. If the parties find that matters covered in the amicus brief require additional pages in their reply briefs, they may request such pages by letter. (Signed by Judge Loretta A. Preska on 5/5/05) (cd, ) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

67

Defendants'MEMORANDUM OF LAW in Opposition to plaintiffs' motion for summary judgment re: 41 MOTION (FILED ON SERVICE DATE) for Summary Judgment., 45 In futher support of their Motion for summary judgment(FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jsa, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

68

DEFENDANTS'RESPONSE TO PLAINTIFFS' local civil re: 42 Rule 56.1 Statement of Material Facts. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jsa, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

70

SECOND DECLARATION of Maria Addamo in Opposition Part 1 exhibit Are: 41 MOTION (FILED ON SERVICE DATE) for Summary Judgment., 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jsa, ) Modified on 5/18/2005 (jsa, ). (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

71

SECOND DECLARATION of Maria Addamo in Opposition Part II Exhibit B re: 41 MOTION (FILED ON SERVICE DATE) for Summary Judgment., 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jsa, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

72

SECOND DECLARATION of Maria Addamo in Opposition Part III Exhibit C re: 41 MOTION (FILED ON SERVICE DATE) for Summary Judgment., 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jsa, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

73

SECOND DECLARATION of Maria Addamo in Opposition Part IV Exhibit D re: 41 MOTION (FILED ON SERVICE DATE) for Summary Judgment., 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jsa, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

74

MOTION (FILED ON SERVICE DATE) for an Order granting permission to the U.S. of America to participate in this case as amicus curiae. (jco, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

75

UNITED STATES' MEMORANDUM OF LAW in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment. (jco, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

76

MEMORANDUM OF LAW in Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (dle, ) (Entered: 05/20/2005)

May 18, 2005

May 18, 2005

77

AFFIDAVIT of Chad Adams. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jmi, ) (Entered: 05/25/2005)

May 24, 2005

May 24, 2005

78

ENDORSED LETTER addressed to Judge Loretta A. Preska from David J. Kennedy dated 5/17/05 re: requesting leave to file an amicus brief in this matter not to exceed 25 pages. So ordered. (Signed by Judge Loretta A. Preska on 5/18/05) (kw, ) (Entered: 05/26/2005)

May 24, 2005

May 24, 2005

79

DEFENDANTS' REPLY MEMORANDUM OF LAW in Further Support of their motion for summary judgment. re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment.. Document filed by The Board of Education of the City of New York, Community School District No. 10. (jsa, ) (Entered: 05/26/2005)

May 25, 2005

May 25, 2005

80

THIRD DECLARATION of Lisa Grumet in Further Support re: 45 MOTION (FILED ON SERVICE DATE) for Summary Judgment. Document filed by The Board of Education of the City of New York, Community School District No. 10. (sac, ) (Entered: 05/27/2005)

May 25, 2005

May 25, 2005

81

ENDORSED LETTER addressed to Judge Preska from Lisa Grumett dated 6/9/05 re: request for oral argument. Argument shall be on 8/11/2005 at 08:00 AM (Signed by Judge Loretta A. Preska on 6/30/05) (yv, ) (Entered: 07/08/2005)

July 7, 2005

July 7, 2005

82

SCHEDULING ORDER: Oral Argument set for 8/11/2005 10:00 AM before Judge Loretta A. Preska on cross motions for summary judgment. (Signed by Judge

July 22, 2005

July 22, 2005

85

JUDGMENT in favor of plaintiffs as against defendants, permanently enjoining defendants from enforcing the NYC Dept. of Ed Operating Manual section 5.11. (Signed by Judge Loretta A. Preska on 1/18/06) (jf, ) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

Mailed notice of Right to Appeal re: 85 Judgment and to Attorney(s) of Record: Benjamin W. Bull, Lisa Fleming Grumet, Joseph P. Infranco, Rena Marie Lindevaldsen, Jordan W. Lorence. (lma, ) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

86

NOTICE OF APPEAL from 85 Judgment. Document filed by The Board of Education of the City of New York, Community School District No. 10. Filing fee $ 255.00, receipt number E 569946. Copies of Notice of Appeal mailed to Attorney(s) of Record: Alliance Defense Fund. (tp, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 86 Notice of Appeal. (tp, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

Transmission of Notice of Appeal to the District Judge re: 86 Notice of Appeal. (tp, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

Received returned mail re: 85 Judgment. Mail was addressed to Jordan W. Lorence of Alliance Defense Fund Law Center at P.O. Box 2074, Fairfax, VA 22031 and was returned for the following reason(s): not deliverable as addressed. (tve, ) (Entered: 02/16/2006)

Feb. 15, 2006

Feb. 15, 2006

Received returned mail re: 85 Judgment. Mail was addressed to Benjamin W. Bull of Alliance Defense Fund Law Center at 8960 E. Raintree Drive, Suite 300, Scottsdale, AZ 85260 and was returned for the following reason(s): not deliverable as addressed. (tve, ) (Entered: 02/21/2006)

Feb. 15, 2006

Feb. 15, 2006

87

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 86 Notice of Appeal, filed by The Board of Education of the City of New York,, Community School District No. 10, USCA Case Number 06−0725, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 03/27/2006)

March 24, 2006

March 24, 2006

Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 86 Notice of Appeal, filed by The Board of Education of the City of New York, Community School District No. 10 USCA Case Number 06−0725, were transmitted to the U.S. Court of Appeals on 4/25/07 to the attention of Vincenza Mathias. (tp) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

88

MANDATE of USCA (Certified Copy) as to 86 Notice of Appeal, filed by The Board of Education of the City of New York, Community School District No. 10 USCA Case Number 06−0725. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 9/13/2007. (nd) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

Case Details

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Sept. 24, 2001

Closing Date: June 2, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an evangelical Christian church founded in 1971 and located in the Bronx, New York.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Board of Education of the City of New York, City

Community School District No. 10, School District

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

Religion discrimination