Case 5:18-cv-00152 Document 1 Filed 02/07/18 Page 1 of 33 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

DOES 1–4,

Plaintiffs, Civil Action

No. ________________________
v.
JUDGE ___________________

BOSSIER PARISH SCHOOL BOARD and MAGISTRATE ____________

SCOTT SMITH in his official capacity
as Bossier Parish Superintendent,

Defendants.

COMPLAINT

INTRODUCTION

1. Public schools are charged with ensuring that students of every background

are able to learn, to live, and to work together while acquiring the skills and values

necessary to participate as equal citizens in our inherently pluralistic society. See

Brown v. Board of Educ., 347 U.S. 483, 493 (1954). Religious differences abound in

our Nation and in the State of Louisiana. Hence, most public schools eschew

teaching religious doctrine or endorsing religious practices and instead respect

students’ and their families’ beliefs and religious diversity, as our constitution

requires.

2. But not Bossier Parish public schools. Although Bossier is home to children

from a variety of religious and philosophical backgrounds and is constantly infused

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with diverse newcomers brought in by Barksdale Air Force Base, school officials

throughout the Bossier Parish School System coerce students into religious

practices and subject them to unwelcome religious messages and indoctrination.

Bossier Parish principals, teachers, and coaches regularly force students who

practice minority religions or no religion, or who consider their faith a private

matter, to choose between participating in school events that endorse religious

beliefs to which they do not adhere and require religious practices they do not wish

to take part in, or excluding themselves from learning experiences and the school

community.

3. School officials throughout the Bossier Parish School System regularly

deliver or promote the delivery of Christian prayers at school-sponsored events.

Prayers begin and often end graduation ceremonies, sporting events, sports teams’

practices and banquets, pep rallies, and student-council meetings. Many of these

school-sponsored events are also held in churches, including within the sanctuary or

other rooms bearing religious iconography, thus creating an atmosphere closer to

Sunday school than to public school.

4. What is more, some Bossier Parish teachers proselytize during class, pray

aloud for students, require young students to memorize sectarian prayers, and tell

students of all religious backgrounds that to be a good person one be Christian.

Bossier Parish teachers and administrators have also placed religious displays in

their classrooms and offices, advertised events sponsored by local churches, and

incorporated religious teachings, beliefs, or doctrine, like Creationism, into the

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curriculum. Further, some Bossier Parish teachers, staff, and administrators have

endorsed and conferred special favors on sectarian religious clubs and have

developed practices that expose the private beliefs of students who do not wish to

participate in these organizations, subjecting these children to coercive pressure to

join, and ostracization by their classmates if they do not.

5. By officially promoting and endorsing religious beliefs, the Board and the

Bossier Parish Superintendent have violated the Establishment Clause of the First

Amendment to the U.S. Constitution. Plaintiffs bring this action to enforce their

rights under the Constitution to decide for themselves about the religious

upbringing of their children, free from interference by public-school officials.

JURISDICTION AND VENUE

6. Under 28 U.S.C. §§ 1331 and 1343, this Court has jurisdiction over

Plaintiffs’ claims arising under the First and Fourteenth Amendments to the U.S.

Constitution, 42 U.S.C. § 1983, and the Declaratory Judgment Act, 28 U.S.C.

§§ 2201–2210.

7. Venue is proper in this District under 28 U.S.C. § 1391(b) because all

parties reside in the Western District of Louisiana and the events or omissions

giving rise to Plaintiffs’ claims occurred and continue to occur in the Western

District of Louisiana.

PARTIES

8. The Bossier Parish School System serves more than 22,500 students. See

Bossier Parish School Board, Welcome to Bossier Schools, http://bit.ly/2mPq8yW.

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9. The Board has established twenty elementary schools, seven middle

schools, and seven high schools to serve the students in the Parish. See id.

10. The School System serves a diverse and often transitory student population

because many local families are affiliated with Barksdale Air Force Base, the

largest employer in Northwest Louisiana. See Sarah Crawford, On-Base Barksdale

Families to Have Choice of Schools for Kids, SHREVEPORT TIMES (July 13, 2017),

http://bit.ly/2umW9UK.

11. Defendant Bossier Parish School Board is a corporate body within the State

of Louisiana responsible for establishing, operating, improving, and evaluating the

public-school system in Bossier Parish. See LA. STAT. ANN. §§ 17:51, 17:81, 17:1373.

12. The Board is charged with creating policies that serve the best interests of

all students enrolled in the public schools in Bossier Parish. LA. STAT. ANN. § 17:81.

13. Defendant Bossier Parish Superintendent Scott Smith, appointed by the

Board, is responsible for enforcing state school law and the policies of the Board

within the Bossier Parish School System. Id.

14. The Superintendent must closely monitor schools’ compliance with federal,

state, and local law, visiting each school as often as possible during the year and

reporting on the schools’ status to the Board. LA. STAT. ANN. § 17:91.

15. At all relevant times, Defendants were acting and continue to act under

color of law.

16. Plaintiffs Does 1–4 are citizens of the United States and of the State of

Louisiana.

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17. Each Plaintiff is a parent to at least one child currently attending Bossier

Parish schools. Collectively, Plaintiffs’ children attend and have attended

elementary, middle, and high schools within the Bossier Parish School System since

at least 2015.

18. Since enrolling in Bossier Parish Schools, Plaintiffs’ children have been

subjected to school-sponsored prayer, proselytizing, and other religious inculcation

on numerous occasions.

19. In connection with their parental duties and as members of the Bossier

Parish school community, Plaintiffs themselves have likewise been exposed to

official promotion of prayer and religious messages.

20. As parents, Plaintiffs believe that it is their responsibility and right—not

the Board’s or Superintendent’s—to provide for their children’s religious education.

Plaintiffs object to and are offended by Bossier Parish schools’ endorsement of

religious practices in the classroom and at school-sponsored events and activities.

Plaintiffs believe that Defendants have elevated and preferred some religious

beliefs over others and religion over nonreligion, and have usurped and violated

Plaintiffs’ constitutional rights as parents.

21. Plaintiffs seek to bring this suit under pseudonyms in light of the virulent

debate that has surrounded prior attempts to remind Bossier Parish officials of the

constitutionally mandated requirement that public schools not promote religion and

the importance of that fundamental principle for respecting the religion of all

students and families. Revealing the names of Plaintiffs would necessarily reveal

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the identities of their minor children, further exposing them to the ostracization

that they have already experienced because of the official religious endorsements

giving rise to this lawsuit.

GENERAL ALLEGATIONS

22. Plaintiffs reallege and incorporate by reference all the preceding

paragraphs in this Complaint as if fully set out here.

23. Official promotion of religious beliefs and inculcation of religious favoritism

occurs throughout the Bossier Parish School System.

24. Defendants were aware of, condoned, carried out, endorsed, and enabled the

religious activities described here.

Official Prayer at School Events

25. The Board’s “Prayer in Schools” policy states:

No law, rule, or policy shall prevent any student who attends a public
elementary or secondary school and who is responsible for or presiding
over a meeting of a school organization or assembly from calling upon a
student volunteer to offer an inspirational quotation or statement,
offer a voluntary prayer, or lead in silent meditation, at the sole option
of the student volunteer.

Exhibit A (Bossier Parish School Board “Prayer in Schools” Policy).

26. This policy encourages and endorses official prayer at school events, where

it is not constitutionally permitted.

Graduation Ceremonies

27. Throughout the Bossier Parish School System, prayers typically open and

close graduation ceremonies, the most significant event in school children’s lives

(Lee v. Weisman, 505 U.S. 577, 595 (1992)).

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28. Bossier Parish graduation ceremonies occur under the supervision of school

administrators and faculty members.

29. These school officials determine the schedule for graduation ceremonies.

30. Official programs outlining the schedule of events for graduation

ceremonies are distributed to attendees.

31. Time is often officially allotted in the official schedule for prayer, including

invocations at the beginning of the ceremonies and benedictions at the end.

32. At some Bossier Parish school graduation ceremonies, faculty or

administrators deliver prayers from the podium over the venue’s public-address

system.

33. At other schools’ ceremonies, students deliver the officially scheduled

prayers from the podium over the venue’s public-address system.

34. For some schools’ graduation ceremonies, students are selected at random

to recite the official prayer for the event.

35. Other schools select student-government officers to deliver the ceremonies’

official prayers.

36. Some Bossier Parish schools have official policies requiring graduating

students to stand and remove their caps while prayers are recited at the beginning

and end of graduation ceremonies.

37. At other schools, students and audience members are exhorted by the

announcer to participate in the official prayers.

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38. For example, at Parkway High School’s 2016 graduation ceremony, after

the students were instructed to turn their tassels, a student leader requested that

the crowd bow their heads and pray with her as she said:

Dear heavenly father, on behalf of the graduating class of 2016, I

would like to thank you for walking with us all these years. Thank you
for knowing just the right person to put in our lives at just the right
time. Father, I ask that you continue leading us in our newest journey
in our lives, whatever that may be, and that we continue to walk on
the path that you have set for us. God, I pray that your hands and
wisdom continue to guide our hearts as we experience times of
tribulation as well as times of joy, and that you never let us forget your
presence. It is in your name we pray. Amen.

39. Similar prayers have been part of the official schedule of ceremonies at, for

example, Airline High School’s graduation ceremonies, Benton High School’s

graduation ceremonies, Bossier High School’s graduation ceremonies, Haughton

High School’s graduation ceremonies, and Plain Dealing High School’s graduation

ceremonies.

40. Prayer is also recited at Bossier Parish elementary-school and middle-

school graduation ceremonies as part of the official program.

41. For example, prayer has been a part of the official schedule of ceremonies at

Benton Elementary School’s kindergarten graduation ceremonies, Benton Middle

School’s eighth-grade graduation ceremonies, Carrie Martin Elementary School’s

preschool graduation ceremonies, Central Park Elementary School’s fifth-grade

graduation ceremonies, Elm Grove Elementary School’s fifth-grade graduation

ceremonies, Kingston Elementary School’s kindergarten graduation ceremonies,

Legacy Elementary School’s kindergarten graduation ceremonies, Plantation Park

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Elementary School’s pre-kindergarten and kindergarten graduation ceremonies,

Stockwell Elementary School’s fifth-grade graduation ceremonies, T.O. Rusheon

Middle School’s eighth-grade graduation ceremonies, and W.T. Lewis Elementary

School’s kindergarten and fifth-grade graduation ceremonies.

42. School Board members and the Superintendent frequently attend Bossier

Parish Schools’ graduation ceremonies.

43. The graduation prayers occur pursuant to a Bossier Parish School Board

policy that explicitly and implicitly encourages prayer at graduation ceremonies.

44. The Board’s policy on prayer in schools provides: “School officials shall be

prohibited from censoring for religious content the speech of a high school student

invited to speak at a commencement ceremony at the school he/she is attending.”

Exhibit A (Bossier Parish School Board “Prayer in Schools” Policy).

45. By allowing prayer at graduations while restricting school officials’ editorial

authority over religious speech alone, the Board’s policy creates both perceived and

actual endorsement of religion at Bossier Parish graduations.

Sporting Events

46. Public schools must not force students to make the difficult choice between

attending sporting events, which many students feel both immense social pressure

and genuine desire to attend, and avoiding personally offensive religious rituals. See

Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 311–12 (2000).

47. But prayer is recited over the public-address systems at nearly every

football game hosted by Bossier Parish high schools.

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48. At some Bossier Parish high-school football games, prayers have been

recited over the public-address systems by the game’s announcer.

49. At other Bossier Parish high school football games, prayers have been

recited over the public-address systems by local clergy.

50. At other Bossier Parish high school football games, prayers have been

recited over the public-address systems by students.

51. These speakers often ask attendees to stand, remove their hats, or bow

their heads during the prayer.

52. For example, at a game between Parkway High School and Airline High

School in September 2017, the official announcer at the Airline football stadium

asked the crowd to rise for prayer before kick-off. A student then recited a prayer,

thanking Jesus over the stadium’s loudspeaker, before the school band played the

national anthem.

53. Students on the field—athletes, cheerleaders, and members of the color

guard, dance line, and band—under the pressure of public observation by the crowd,

often bow their heads or gather in a huddle in the center of the field during these

recitations over the public-address system.

54. It is common practice for coaches to join their teams in prayer on the field

during these recitations over the public-address system.

55. Bossier Parish’s coaches have also led student-athletes in prayer on the

field after games.

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56. School officials also encourage students to pray publicly with their

teammates and coaches before or after other sporting events as well.

57. For example, the coach of a high-school track team has led the student-

athletes in prayer after races; although these prayers were not recited over a public-

address system, they were fully audible to the events’ attendees as well as the

student-athletes.

Other School Events

58. Official prayers are recited at other school-sponsored events at which

attendance is mandatory or students feel immense social pressure to attend.

59. For example, at a pep rally hosted by the Board on November 7, 2017, to

celebrate the School System’s recent state evaluations, Airline High School’s

student-body president was invited to the podium to recite the following prayer:

Will you please bow your heads with me? Dear God. . . . I glorify you. I
thank you for this school district and all of the administrators and
teachers that invest in their students. I pray that you continue to
protect our schools and our city. I pray that you give wisdom to our
country’s leaders, and that every decision they make is to glorify your
name. I pray for Mr. Rowland and his family, and that he gets back to
school soon. And thank you, Lord, for dying on the cross for our sins.
Amen.

60. As the prayer was presented, Bossier Parish School Board members and

School System administrators standing in front of the crowd of attendees showed

their support for the prayer by bowing their heads.

61. Bossier Parish school bands, color-guard teams, cheerleading teams, and

other students were in attendance at the event, which was also live-streamed,

including to some Bossier Parish classrooms.

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62. On Veterans Day, November 11, 2017, many Bossier Parish schools

included prayers in the official schedule of their celebrations.

63. Given the proximity of Barksdale Air Force Base to the Bossier Parish

School System, students and their families felt immense social pressure, and

genuine desire, to attend the schools’ Veterans Day celebrations.

64. Additionally, school choirs and bands were required to attend the events to

perform celebratory songs after the conclusion of the prayers.

65. Prayers were included in the official programs for Veterans Day events at

Benton Middle School, Greenacres Middle School, Kingston Elementary School, and

Plain Dealing High School.

66. Elementary-school principals in Bossier Parish commonly invite

elementary-school students to recite prayers at Drug Abuse Resistance Education

(D.A.R.E.) program graduation ceremonies.

67. Apollo Elementary School’s D.A.R.E. graduation ceremonies, Carrie Martin

Elementary School’s D.A.R.E. graduation ceremonies, Curtis Elementary School’s

D.A.R.E. graduation ceremonies, Kingston Elementary School’s D.A.R.E.

graduation ceremonies, and Princeton Elementary School’s D.A.R.E. graduation

ceremonies have all included prayers in their official program.

68. The Bossier Parish Superintendent attended some of these events.

69. Prayer is also incorporated into the official schedule of events at many

school awards ceremonies held by Bossier Parish Schools.

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70. For example, at a recent elementary-school awards assembly, per the

programs distributed to family members in attendance, a student read a prayer at

the start of the assembly thanking Jesus for the opportunities that his class had

that year and entreating God to keep the students safe.

71. As with the prayers at some Bossier Parish graduation ceremonies and

sporting events, these prayers were delivered on school property, at school-

sponsored events, by speakers representing the school or student body, and under

the supervision of school faculty or administrators.

Student Chaplains

72. In extracurricular programs throughout the Bossier Parish School System,

students routinely elect “chaplains” from their membership.

73. Student-governments in Bossier Parish middle and high schools elect

students to serve as chaplains each year.

74. These chaplains are authorized by school officials to open all student-

government meetings with prayers.

75. These chaplains are also authorized by school officials to proselytize at

school-sponsored events.

76. Some school-sponsored spirit team also select student chaplains.

77. These chaplains are authorized by school officials to proselytize their fellow

spirit-team members.

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School Events Held in Churches

78. Bossier Parish schools regularly hold mandatory and ceremonial school-

sponsored events in local churches—often in the churches’ sanctuaries or in rooms

replete with religious iconography.

79. At some school-sponsored events held at churches, such as school-choir

performances, students are required to attend; refusal to participate would

negatively affect students’ grades.

80. For example, at a recent Bossier Parish middle-school Christmas choir

concert, which was held within the Airline Baptist Church’s sanctuary, the students

were required to perform on stage between a large Latin cross and a crèche.

81. Benton Middle School, Cope Middle School, Elm Grove Middle School,

Haughton High School, Parkway High School, Stockwell Place Elementary School,

and W.T. Lewis Elementary School, for example, have held choir and band concerts

at local churches, often inside the churches’ sanctuaries.

82. Other school-sponsored events held at churches, including pregame meals

for high-school football teams, are mandatory for students wishing to participate in

extracurricular activities.

83. Graduation ceremonies for Bossier Parish’s younger students, including

Apollo Elementary School’s fifth-grade graduation ceremonies, Benton Middle

School’s graduation ceremonies, Kingston Elementary School’s kindergarten

graduation ceremonies, Legacy Elementary School’s kindergarten graduation

ceremonies, Plantation Park Elementary School’s kindergarten graduation

ceremonies, Stockwell Elementary School’s kindergarten graduation ceremonies,

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T.L. Rodes Elementary School’s kindergarten graduation ceremonies, and W.T.

Lewis Elementary School’s kindergarten graduation ceremonies, have been held in

churches.

84. Student-honors nights, including class-award ceremonies held by Apollo

Elementary School and Greenacres Middle School and sports team annual

banquets, have also been held in churches.

85. Holding school events in churches forces students and their families to

choose between entering a house of worship consecrated and sacred to a faith to

which they do no subscribe, on the one hand, and forgoing participation in official

school activities, on the other.

Religious-Content in Choir Performances

86. Not only are Bossier Parish school choirs’ performances frequently held in

churches, but students are also often required to sing almost exclusively Christian

worship songs. Thus, many Bossier Parish school-choir performances are religious

ceremonies under the guise of study.

87. Many of the songs taught to and performed by Bossier Parish school choirs

are hymnals, gospels, and worship songs.

88. For example, at a recent Bossier and Caddo Parish choral festival, most

Bossier Parish school choirs sang exclusively or mostly worship songs. Parkway

High School’s musical selections were entirely religious—“For the Beauty of the

Earth,” “Ave Vernum Corpus,” and “Hear My Prayer”—as were the selections for

Elm Grove Middle School’s beginning choir—“Somewhere Above the Clouds,” “Dona

Nobis Pacem,” and “Joshua Fought the Battle.” Airline High School’s choir, Cope
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Middle School’s advanced choir, Elm Grove Middle School’s intermediate choir, and

Haughton High School’s women’s choir sang mostly religious songs.

89. Some choir instructors in the Bossier Parish School System have been

allowed to infuse their personal religious beliefs into their schools’ choir

performances.

90. For example, one Bossier Parish choir instructor has told her students that,

because of her personal religious beliefs, she will not allow the choir to perform in

venues other than churches. And for the performances she selects mostly Christian

worship songs. Additionally, before the choir performs, this teacher plays recorded

worship music while the students’ families and friends in the audience find their

seats.

School Officials Proselytizing Students

During the School Day

91. Teachers and administrators in the Bossier Parish School System,

particularly those entrusted with teaching young children, have openly proselytized

students and created a religious environment in their offices and classrooms.

92. For example, at Kingston Elementary School, a kindergarten teacher

required her students to memorize a Christian prayer and recite it every day before

lunch.

93. A Legacy Elementary School teacher developed a daily practice of asking

each of her students what they would like to pray for, before leading the class in

Christian prayer.

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94. A choir teacher closed this year’s Christmas Concert by making a speech to

an audience of students and their families that praised God and the healing power

of prayer.

95. At Airline High School, the health teacher tasked with teaching students

about the perils of alcohol, drugs, dating violence, and unsafe sex has emphasized to

her students the importance of religion in her life and has used Christian-themed

films to cover the course’s sensitive subject matter. This teacher also reportedly

asked her entire class to share their favorite Bible verses and has asked an openly

Muslim student to read aloud from the Bible during class.

96. An Elm Grove Middle School teacher invited her students to attend a

fundraiser at a nearby church, and the event was promoted by other school officials

over the school’s public-address system.

97. Teachers at some Bossier Parish high schools reportedly promote their

personal, religious views on the origins of life—praising creationism in class and

attempting to discredit the scientific theory of evolution.

98. For example, Bossier High School’s Biology department chair teaches

“evolution and creationism in a full spectrum of thought.” See Exhibit B (electronic

mail from Doug Scott, Assistant Principal of Bossier High School, to Michael Stacy,

Bossier High School teacher (Oct. 22, 2014), released by the Bossier Parish School

System in response to a public records request in 2015).

99. At Airline High School, a science teacher invited students to make a

presentation on the “Creation point of view” and then directed her class in a reading

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of Genesis and “some supplemental material debunking various aspects of

evolution.” See Exhibit C (electronic mail from Shawna Creamer, Airline High

School teacher, to Jason Rowland, Principal of Airline High School (May 7, 2015),

released by the Bossier Parish School System in response to a public records request

in 2015). Airline High school science teachers have also informed their classes that,

because of the teacher’s religious beliefs, they have different ideas about the origin

of mankind than those they would cover in class. And those teachers have told their

classes that Darwin’s theory of evolution is just a theory that could be disproven

and therefore should not be accepted by the students as fact.

100. At several Bossier Parish schools Latin crosses—the unmistakable symbol

of Christianity—are displayed year-round in some teachers’ classrooms and

administrators’ offices, creating a religiously charged learning environment.

101. For example, a Kingston Elementary School teacher displays multiple

crosses in her kindergarten classroom.

102. A teacher at Elm Grove Middle School hangs crosses and posters with

religious scripture in her classroom.

103. Crosses and other religious items are also displayed in classrooms

throughout Airline High School.

104. Apollo Elementary School’s Assistant Principal displays two large Latin

crosses on the walls of her office.

105. The inclusion of these displays in teachers’ classrooms and administrators’

offices conveys official endorsement of a particular set of religious beliefs, and

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excludes students of minority faiths or no faith from these important public-school

settings.

106. Further displaying religious favoritism, some Bossier Parish teachers

admonish students for adhering to minority faiths. One Bossier Parish teacher told

a student that she “needed Jesus” after she misbehaved in class. Another teacher

told a child that Jesus was angry at those who did not attend church, and that non-

Christians are bad people.

107. Some Bossier Parish teachers have also expressed an understanding that

they have license from the Board and the Superintendent to promote their religious

beliefs and exhibit religious favoritism in their classrooms. A Bossier Parish

elementary-school teacher of thirty years said that she brings up her controversial

religious beliefs on the issue of Creationism in her class, although she now teaches

social studies instead of science. See Exhibit D (electronic mail from Carolyn

Goodwin, Stockwell Place Elementary teacher, to Charlotte Hinson, Caddo Parish

teacher (Feb. 26, 2014), released by the Bossier Parish School System in response to

a public records request in 2015). She wrote that “Bossier has it’s [sic] problems but

there are so many awesome Christians from the top down. We pray at school

functions and probably break the law all the time!!” Id.

During School Athletics Programs

108. Given the prominence of student-athletes in the school community, many

students feel social pressure, along with a genuine desire, to join school athletics

programs.

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109. Additionally, participation in extracurricular athletics programs is

associated with high grade-point averages, better attendance records, lower dropout

rates, fewer disciplinary problems, improvement in mental and physical health, and

the opportunity to receive scholarships for higher education.

110. Religious adherence must not be a qualification for participation in school

athletics programs.

111. Yet, in addition to official prayers at games, students who participate in

Bossier Parish school athletics programs are regularly subjected to even more

extensive official promotion of religion by school staff.

112. At least one Bossier Parish high-school football team holds weekly

devotionals, which coaches sometimes attend, on the schools’ football field after

evening practices.

113. At practice or in the locker room, football coaches have quoted scripture to

motivate students and pressured students to attend church and mission trips with

their teammates.

114. On game day, at least one high-school football team requires students to

attend pre-game meals hosted by local churches, during which church members

pray for the team.

115. At least one high-school football team invites a youth minister to enter the

locker room before games and lead students in prayer.

116. Bossier Parish football coaches have used their positions to distribute

religious literature to players.

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117. Some coaches have distributed Bibles to students as Christmas presents

before the holiday break, and another invited students to take religious literature,

including Bibles, from his offices.

118. Coaches also facilitate the distribution of apparel from local churches to the

players, including T-shirts that feature team names and logos alongside scripture

and other religious messages.

School-Sponsored Religious Clubs

119. Bossier Parish school officials are extensively involved in running and

promoting religious clubs at almost every school in the system.

120. The Fellowship of Christian Athletes is sponsored by teachers at almost

every school in the Bossier Parish School System.

121. Many teacher-sponsors encourage students to join the FCA by handing out

promotional pamphlets during class.

122. At least one teacher has required students to attend FCA meetings unless

they are able to provide her with a verbal excuse.

123. These promotional practices can lead to students’ religious beliefs being

identified in the classroom, to their teacher and their peers, especially when

participation is so ubiquitous that the refusal to accept the teacher’s invitation is

conspicuous.

124. Other teacher-sponsors leave FCA materials in their classrooms after club

meetings, creating a learning environment filled with religious literature and

displays. For example, one teacher-sponsor leaves the FCA’s “Bible verse of the day”

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written on her chalkboard after FCA meetings in her classrooms, displayed

alongside the secular curriculum that she is hired to teach.

125. Bossier Parish schools also promote FCA clubs outside the classroom.

126. For example, schools facilitate the sale of FCA club apparel via their official

websites.

127. FCA advertisements are displayed prominently on scoreboards in gyms and

on fields and on the announcement boards in front of schools, not accompanied by

advertisements for any other student club.

128. Coaches for Bossier Parish schools’ sports teams also encourage student-

athletes to attend FCA events.

129. Student-athletes and spirit-squad members have been required to attend

FCA banquets before major games.

130. Students who participate in religious clubs are provided special privileges

that other students are not.

131. For example, at some schools, students are permitted to wear an FCA T-

shirt in lieu of their school uniform for their class photos, while no other

alternatives to school uniforms are permitted.

132. Another religious club, First Priority, is granted special permission to send

older students from Bossier Parish high schools to proselytize younger students at

Bossier Parish middle schools during the school day.

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Community Members Distributing Religious Materials on School Property

during School Hours

133. Bossier Parish schools have allowed representatives from local churches to

enter school campuses during the school day to invite students to participate in

religious activities and to distribute religious materials.

134. For example, at a Bossier Parish middle school, church representatives

were allowed to enter the halls during the lunch period to distribute fliers for a

church event that featured scripture as well as literature informing students how to

“get saved.”

135. At another Bossier Parish school, a religious organization was invited into a

classroom to advertise a fundraiser to support the organization, and students were

sent home with donation cups that featured religious imagery.

136. By providing the local religious community with special access to

schoolchildren during the school day, Defendants have endorsed the religious

messages that these clergy and other religious representatives convey.

Endorsement of Religious Events Held on School Property

137. Bossier Parish schools and school officials endorse religious events on school

property, including See You at the Pole, Bring Your Bible to School Day, and Fields

of Faith.

138. Bossier Parish school officials encouraged students to participate in See You

at the Pole, for which students were encouraged to “gather [] at their flagpoles [and]

pray [] for their school, friends, families, churches, and communities,” according to

the event’s website, http://syatp.com/.

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139. The event was held on most schools’ front lawns before school hours on

September 27, 2017, and was publicized during the preceding school day over

schools’ public-address systems.

140. Bossier Parish schools officials encouraged students to participate in Bring

Your Bible to School Day on October 5, 2017, an event during which students were

encouraged to “bring their Bibles to school and talk about it with friends,” according

to the event’s website, http://www.bringyourbible.org/.

141. Although Bring Your Bible to School Day is labeled a student-led event, it

was promoted by Bossier Parish teachers and administrators in their official

capacities at school.

142. For example, at a Bossier Parish middle school, a banner was displayed

outside the school gym to remind students to bring their Bibles on the designated

day.

143. At some schools, teachers reminded their classes about the event the day

before.

144. At other schools, students were reminded via the public-address system.

145. On Bring Your Bible to School Day, Bossier Parish schools encouraged

students to use and display their Bibles in the classroom.

146. Students were allowed to display their Bibles on their desk during classes,

making students who did not bring a Bible that day conspicuous.

147. Some schools also allowed students to read Bible verses over the public-

address system.

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148. On October 18, 2017, Haughton High School hosted “Fields of Faith” at its

football stadium, Harlan Stadium. See Fields of Faith, Find a Field: Harlan

Stadium, http://bit.ly/2BdjPdZ.

149. Again, although this event was ostensibly student-led, Bossier Parish school

officials promoted the event at school and encouraged students to attend.

150. Additionally, Bossier Parish school officials, including coaches, attended

and participated alongside local religious leaders.

The Board and Superintendent’s Failure to Respond to Complaints

151. It has long been held that public schools must not endorse or promote

religion to their students. Yet though the Board and Superintendent have been

notified on multiple occasions that official promotion of religion is unconstitutional,

they have failed to put a stop to the violations of students’ and parents’ rights and

have instead encouraged, supported, and authorized ongoing violations.

152. On September 24, 2015, the American Civil Liberties Union Foundation of

Louisiana sent a letter to the Superintendent informing him that allowing Airline

High School’s FCA to install “prayer boxes” with Christian symbols would

constitute unconstitutional school sponsorship of prayer. See Exhibit E (Letter from

Marjorie R. Esman, Executive Director, ACLU of Louisiana, to Dr. D.C. Machen,

Jr., Superintendent, Bossier Parish School System (Sept. 24, 2015)). Additionally,

the ACLU informed the Superintendent that the school’s principal had engaged in a

“pattern of religious proselytization” by conveying religious content in messages

posted on the school’s official website. Id.

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153. The Superintendent and Board failed to take any corrective action, allowing

the principal to continue publishing his religious messages. ACLU Targeting School

for Prayer Boxes, Principal’s ‘God Bless You’ Greeting, FOX & FRIENDS WEEKEND

(Oct. 4, 2015), http://bit.ly/1FQe6fe. In reaction to the ACLU’s letter, a “prayer rally”

protest was held on the front lawn of Airline High School on Saturday, October 3,

2015. Zack Kopplin, Religious Rants in the Classroom, SLATE (Nov. 2, 2015),

http://slate.me/1P6y351. Staff “prayer groups” at other Bossier Parish schools, like

Princeton Elementary, publicly expressed support for the unconstitutional religious

practices complained of in the ACLU’s letter. Id.

154. On June 8, 2017, Americans United for Separation of Church and State,

after receiving a complaint from a community member, mailed and e-mailed a letter

to the Superintendent and the principal of Benton High School regarding prayers

recited at Benton High School’s graduation ceremony on May 20, 2017. See Exhibit

F (Letter from Richard B. Katskee, Legal Director, Americans United, to Scott

Smith, Superintendent, Bossier Parish School System, and Teri Howe, Principal,

Benton High School (June 8, 2017)). Americans United requested a response but the

Superintendent and principal failed to provide one; therefore, on September 1, 2017,

Americans United mailed and e-mailed another request for response to this incident

to the Superintendent and Benton High School’s Principal. See Exhibit G (Letter

from Richard B. Katskee, Legal Director, Americans United, to Scott Smith,

Superintendent, Bossier Parish School System, and Teri Howe, Principal, Benton

High School (Sept. 1, 2017)).

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155. On September 29, the Board responded by refusing to change their policy.

See Exhibit H (Letter from Jon K. Guice, Hammonds, Sills, Adkins & Guice, LLP, to

Richard B. Katskee, Legal Director, Americans United (Sept. 29, 2017)).

156. On October 5, 2017, six organizations sent a letter via mail and e-mail to

the Superintendent regarding the unconstitutionality of the Board’s policies on

standing for the national anthem and delivering prayers over the public-address

system at football games. See Letter from Geoffrey T. Blackwell, Staff Attorney,

American Atheists, et al., to Scott Smith, Superintendent, Bossier Parish Schools

(Oct. 5, 2017), http://bit.ly/2mQ5Mqj. As with the graduation-prayer policy, these

policies violate well-settled constitutional law. Id.

157. In a radio interview about the issues raised in this letter, the

Superintendent acknowledged that although the Fifth Circuit had struck down

student-led prayer at public-school sporting events, Bossier Parish schools have

continued to have prayers at their games for “many, many years.” Radio Interview

with Scott Smith, Bossier Parish Schools Superintendent, on 101.7/710 KEEL (Oct.

11, 2017), http://bit.ly/2BcGHKq at 4:35.

158. Rather than change the official policies and practices to bring Bossier

Parish schools in compliance with the law, the Superintendent stated that he was

working on “creative ways” to continue to have prayer at sporting events sponsored

by Bossier Parish schools. Id. at 5:15.

159. Elsewhere, the Superintendent stated that the Board will not change its

policies “until we are instructed by a higher authority to reverse our district’s

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stance. . . .” Nick Wooten, 6 Groups Take Aim at Bossier Schools Over Student

Protests, SHREVEPORT TIMES (Oct. 12, 2017), http://bit.ly/2DsRZzr.

160. Americans United again sent the Board and Superintendent a letter on

November 8, 2017, after receiving multiple new complaints about unconstitutional

religious practices in Bossier Parish Schools. See Exhibit I (Letter from Richard B.

Katskee, Legal Director, Americans United, to Jon K. Guice, Hammonds, Sills,

Adkins & Guice, LLP (Nov. 8, 2017)). The November letter outlined many of the

violations addressed in this complaint.

161. The Bossier Parish School Board entered into an executive session at its

November 16, 2017, meeting to discuss the letter. See Exhibit J (Notice of Official

Meeting (Nov. 13, 2017)). But no policy change was announced or produced.

162. Thereafter, the Bossier Parish School Board held its system-wide teacher

in-service day at Cypress Baptist Church, demonstrating to all of Bossier Parish’s

administrators and faculty that the Board to infuse religion into its management of

the school system.

163. As of this filing, Defendants have not responded to Americans United’s

November 8 letter.

164. In sum, the Defendants have exhibited a pattern of flagrantly violating

well-settled constitutional law, failing to respond to complaints about violations,

and openly admitting that they will continue the unconstitutional practices until

they are “instructed by a higher authority” to cease.

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CLAIM FOR RELIEF

Violations of the Establishment Clause of the First Amendment

to the U.S. Constitution

165. Plaintiffs reallege and incorporate by reference all of the preceding

paragraphs in this Complaint as if fully set forth here.

166. Plaintiffs are entitled to relief under 42 U.S.C. § 1983 because Defendants

have violated and will continue to violate Plaintiffs’ rights under the Establishment

Clause of the First Amendment to the U.S. Constitution, as applied to state and

local governments and officials, including the public schools, through the Due

Process Clause of the Fourteenth Amendment. Defendants are the cause in fact of

the constitutional violations.

167. The Establishment Clause provides that “Congress shall make no law

respecting an establishment of religion.” U.S. CONST. amend. I.

168. Defendants’ practices and policies, including Bossier Parish School Board’s

“Prayer in Schools” policy, have the primary purpose and effect of encouraging the

promotion of religion in Bossier Parish schools, in violation of the Establishment

Clause.

169. Through their actions and inaction, Defendants have violated, and will

likely continue to violate, Plaintiffs’ rights under the Establishment Clause,

including in the following ways:

a. Permitting Bossier Parish school officials—administrators, teachers,

and staff—to express religious messages to students while functioning in their

official capacity and fulfilling their official duties.

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b. Permitting practices that had and will continue to have the effect of

endorsing religion.

c. Excessively entangling government with religion.

d. Permitting religious coercion by requiring students and their families

to participate in religious activities in order to participate fully in school life at

Bossier Parish public schools.

f. Usurping the role of Bossier Parish’s parents in determining the

religious upbringing of their children.

170. Defendants have also violated and continue to violate the Establishment

Clause by failing to exercise their oversight authority to ensure that Bossier Parish

schools comply with the constitutional requirement that public education be

nonreligious and have failed to respond to multiple complaints about religious

activities in the Bossier Parish School System.

171. Plaintiffs are harmed, intimidated, and distressed by Defendants’

endorsement and promotion of religious views, which Plaintiffs believe should not

be taught in public schools.

172. Plaintiffs have been, and will continue to be, injured by Defendants’ failure

of oversight because Plaintiffs’ minor children are subject to unwanted religious

coercion in Bossier Parish Schools.

173. Unless restrained by this Court, Defendants will continue to subject

Plaintiffs to these constitutional violations, causing Plaintiffs irreparable harm by

denying their fundamental constitutional rights to be free from governmental

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promotion of religious beliefs and messages and governmental coercion of religious

practices.

174. As a result of these violations of Plaintiffs’ rights under the Establishment

Clause, Plaintiffs are entitled to declaratory and injunctive relief, and the other

remedies listed below.

RELIEF REQUESTED

WHEREFORE, in light of the foregoing, Plaintiffs respectfully request the

following relief against Defendants, Bossier Parish School Board and Bossier Parish

Superintendent:

a. A declaratory judgment, under 28 U.S.C. §§ 2201 and 2202 and

42 U.S.C. § 1983, declaring that Defendants violated the Establishment Clause of

the First Amendment to the U.S. Constitution;

b. A permanent injunction, in accordance with Federal Rule of

Civil Procedure 65, requiring Defendants and their officers, agents, affiliates,

subsidiaries, servants, employees, successors, and all other persons or entities in

active concert or privity or participation with them, to cease their unlawful conduct

at all schools within the Bossier Parish School System, and specifically prohibiting

Defendants from:

i. Endorsing, participating in, organizing, aiding,

advancing, or causing prayer and promotion of religion in classrooms, during

extracurricular activities, and at school-sponsored events.

ii. Hosting school-sponsored events in church sanctuaries or

in church facilities with religious imagery.

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iii. Teaching religious beliefs on the origin of life as fact.

iv. Displaying religious imagery in classrooms and

administrative offices in a manner that (a) has a religious purpose or effect, or (b)

conveys official endorsement of religious messages or content.

v. Allowing local church officials to enter school campuses

during the curricular day to distribute religious literature or otherwise disseminate

religious messages.

vi. Selecting primarily religious music for school-choir

performances.

vii. Providing religious student clubs with special privileges

and official endorsement.

viii. Encouraging students to participate in religious events

and activities, or otherwise promoting religious events and activities.

ix. Conveying religious messages.

x, Otherwise unconstitutionally endorsing religion or

religiously coercing students or parents.

xi. Seeking to expose Plaintiffs’ true identities or retaliating

against Plaintiffs or their family members for objecting to Defendants’ unlawful

practices or bringing this action.

c. An order directing Defendants to provide a copy of the written

injunction to all Bossier Parish School District officials, employees, and agents, and

requiring Defendants to train all Bossier Parish School District officials, employees,

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and agents to prevent future unconstitutional endorsements of religion or religious

coercion of students and parents;

e. An order awarding Plaintiffs attorneys’ fees and costs incurred

in this litigation under 42 U.S.C. § 1988 and other applicable law;

f. An order retaining this Court’s jurisdiction of this matter to

enforce the terms of the Court’s order; and

g. Any other relief that the Court deems just and proper.

Respectfully submitted this 7th day of February, 2018.

s/ William P. Quigley

AMERICANS UNITED FOR SEPARATION OF

CHURCH AND STATE
Richard B. Katskee, D.C. Bar No. 474250*
Eric Rothschild, D.C. Bar No. 1048877*
(Trial Attorney)
Alison Tanner, D.C. Bar No. 230504*
1310 L Street NW, Suite 200
Washington, DC 20005
(202) 898-0957
katskee@au.org
rothschild@au.org
tanner@au.org

William P. Quigley, La. Bar No. 07769

LOYOLA UNIVERSITY NEW ORLEANS
7214 St. Charles Avenue
Campus Box 902
New Orleans, LA 70118
(504) 861-5591
quigley@loyno.edu

Attorneys for Plaintiffs

* Motions for admission pro hac vice forthcoming

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