MOLINE, IL – Liberty Counsel filed a response brief in federal court on behalf of Child Evangelism Fellowship (CEF) of Illinois opposing a motion to dismiss its religious discrimination lawsuit against the Moline-Coal Valley Community Unified School District. The lawsuit names Superintendent Dr. Rachel Savage, the school district, and the district’s Board of Education as defendants on account of more than five years of unlawfully denying CEF’s Good News Clubs equal access to three elementary school facilities while allowing access to similar non-religious organizations.

Liberty Counsel also filed a reply brief supporting its request for a permanent injunction declaring the district’s policy actions against CEF unconstitutional as well as an order for the district to restore equal access to the Good News Clubs on elementary school campuses.

While the defendants argue that Superintendent Savage and the school district are improper parties and don’t have the legal capacity to be sued under state law, Liberty Counsel argues in the response brief that the law makes no such categorial limitation and Illinois courts have allowed such lawsuits previously. CEF argues that both the School District and Superintendent Savage are legally necessary parties because they each hold independent authority under the district’s policies, and without them the court cannot grant complete injunctive relief.

The school district also contends that the lawsuit is moot because it has voluntarily stopped its discriminatory tiered access and fee system that treated CEF’s religious clubs differently than similar nonreligious groups. For nearly five years, CEF sought equal access to school facilities without having to pay fees and the ability to advertise like other groups, such as Girl Scouts, Boy Scouts, Girls on the Run, and Little League, but the district had ignored these requests.

Liberty Counsel argues in the reply brief that Supreme Court precedent notes that even if the government voluntarily ceases challenged practice, it does not moot a case if the practice can “reasonably be expected to recur.” As the reply brief notes, the school district has only ceased its discriminatory activity but has not changed the policies that empower those activities.

The defendants ignored CEF’s requests, inquiries, and communications for years, wrote Liberty Counsel. “Nevertheless,” reads the reply brief, “Defendants ceased their unconstitutional policy within two months of facing federal litigation challenging it. There is nothing to preclude Defendants from returning to their prior unconstitutional conduct.”

“This practice violates the First Amendment,” concluded Liberty Counsel.

According to the lawsuit, the Good News Clubs had free equal access from 2017 to 2020 after which a sudden shift took place where the district started imposing fees and restrictions. Over time, Superintendent Savage refused to accept legal materials outlining CEF’s rights and insisted that she was bound by Board policies, despite the policies giving her discretion to waive fees. Meanwhile, the district has ignored multiple letters from CEF seeking resolution and equal treatment and only changed its posture after facing litigation.

CEF of Illinois is a non-profit organization and subsidiary of Child Evangelism Fellowship Inc., an international non-profit children’s ministry. CEF Good News Clubs has a positive impact on the lives of children and their families. Good News Clubs typically meet once per week, immediately after school, and are led by trained and vetted local community volunteers. The clubs provide religious and other teaching and activities to encourage learning, spiritual growth, and service to others, as well as social, emotional, character, and leadership development. Good News Clubs do not charge any fee and welcome children with written permission from parents.

Liberty Counsel Founder and Chairman Mat Staver said, “The Moline-Coal Valley Community Unified School District cannot just cease its discriminatory activity to avoid litigation without changing its underlying discriminatory policies. This is nothing more than a litigation tactic to try and evade constitutional review and avoid liability. The school district must change its policies so that officials do not have the discretion to deny equal access to religious clubs. Child Evangelism Fellowship gives children a biblically based education that includes moral and character development. Good News Clubs should be in every public elementary school and that includes these Moline schools.” 

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