Court Refuses To Strike Allegation In School Music Lawsuit

As previously reported, a lawsuit against the St. John's County, Florida school district challenges on Establishment Clause grounds certain songs selected by Webster School's music teacher for students to perform. In S.D. v. St. Johns County School District, 2009 U.S. Dist. LEXIS 62013 (MD FL, July 7, 2009), a federal magistrate judge has now denied a motion by the music teacher, also a defendant, to strike from plaintiff's complaint an allegation that she "is a member of the steering committee of an organization called Marketplace Christian Professional Resources, the objective of which is to promote the Christian religion in places of work and in public schools...." The court concluded that the challenged allegation is neither "immaterial" nor "scandalous."