Church Sues Florida School Board Over Flyer Policy

In Fort Myers, Florida, the Cypress Wood Presbyterian Church this week filed a federal lawsuit against the Collier County School Board challenging its policy on distribution of flyers in schools. The complaint (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, filed 6/17/2009), alleges that Board policy permits non-profit groups to make flyers available to students to promote cultural, community, charitable, recreational, and education-related activities. However, flyers publicizing religious events may not contain proselytizing messages and may not overtly advocate support for a religious organization. The school district refused to permit plaintiff to distribute flyers promoting its Vacation Bible School. The lawsuit claims that the refusal violates plaintiff's 1st Amendment speech and free exercise rights, its 14th Amendment equal protection and due process rights, and Florida's Religious Freedom Restoration Act. Alliance Defense Fund issued a release announcing the filing of the case.