San Diego, CA - A preliminary injunction hearing is set for tomorrow at 10:00 a.m. PT before federal district Judge Irma Gonzalez on Child Evangelism Fellowship's ("CEF") lawsuit against the San Diego City Schools. Liberty Counsel filed suit on behalf of CEF in June because the District charges discriminatory fees for use of school facilities by Good News Clubs, which are religious, after-school clubs for elementary school children sponsored by CEF. CEF is represented by Mathew Staver, President and General Counsel of Liberty Counsel, and Mary McAlister, litigation attorney for Liberty Counsel.

In July 1999, Child Evangelism Fellowship of Greater San Diego requested to use District facilities to hold a Good News Club after school hours. According to District Procedure 9205, "community organizations whose primary purpose is service to district youth or the general welfare of the community," including Boy Scouts, are entitled to use District facilities without charge. However, when CEF applied for use of school facilities, District officials insisted that CEF pay "fair rental value" because, the District claimed, CEF is a "church conducting religious services."

From 1999 to the 2004-2005 school year, CEF has been charged fees to use the school facilities when other similar secular groups have not. Each year the District increased the cost of the fees. The fees became so cost prohibitive that CEF was forced to discontinue the Good News Clubs. District employees and parents pleaded for the Good News Clubs to return, but the increased usage costs prohibited the meetings. Even after CEF provided District officials with Supreme Court and federal cases which stated that Good News Clubs are entitled to equal treatment, the District refused to listen.

Liberty Counsel is asking the court to issue a preliminary injunction so that the Good News Clubs will be able to use the school facilities on equal terms to other groups when the new school year begins. Liberty Counsel has successfully represented Child Evangelism Fellowship in California and elsewhere regarding the right to use public school facilities on equal terms and conditions as other similar secular groups.

Mathew Staver commented on the lawsuit: "Imposing a financial barrier based on the religious viewpoint of groups seeking access to public property violates the First Amendment. The actions of the San Diego City Schools are outrageous. The District has ignored clearly established law. Their actions have injured the parents and students whose pleas for the Good News Clubs have been ignored. Every public elementary school in the country ought to have a Good News Club. Who wouldn't want a club on campus that presents a positive message of hope and that teaches sound character and morals?"

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