Jun 24, 2005
Child Evangelism Fellowship (“CEF”), which sponsors the Good News Clubs, has now entered into a court-approved settlement with the Bear Valley Unified School District. The settlement provides that the District policy will be amended to provide CEF “with free use of its facilities to conduct weekly Good News Club meetings during a two hour period after school.” The High Desert chapter of CEF is represented by Mathew D. Staver, President and General Counsel of Liberty Counsel, and Mary McAlister, Litigation Counsel of Liberty Counsel.
On August 25, 2004, CEF filed a federal lawsuit against the District regarding its policy which granted free use of the school facilities to certain secular groups, but which required CEF to pay usage fees for its Good News Clubs because of their religious nature. On October 20, 2004, the District passed a resolution in response to the suit that stated “an out of the area organization” [referring to Liberty Counsel] filed suit against the District policy, and “so as to avoid the demands of [CEF] that it should be allowed use of facilities free of charge,” the District was going to charge certain secular groups. However, the District would not charge groups that “promote” the District and “are directly affiliated” with the District. Liberty Counsel amended the complaint and challenged the new policy, arguing that it also was unconstitutional. The District has now settled the lawsuit. The settlement provides that CEF will be provided free use of the school facilities and also requires the District to pay $40,000 in attorney’s fees and costs.
Commenting on the settlement, Staver said: "We are very pleased that Child Evangelism Fellowship will be able to proceed with its Good News Clubs this Fall when school begins. Good News Clubs are great for children and beneficial to public schools because they are inspirational and they teach morals along with character development. Equal access is not complicated. Whether the government bans a group from accessing its facilities or places a financial barrier on the group based on its religious viewpoint, the outcome is the same – the Constitution has been violated. Equal access means equal treatment."