Case Challenging School Flyer Policy Is Settled

Alliance Defense Fund announced last week that a settlement was reached last month in Michalek v. Garfield Heights Board of Education, (ND OH, complaint filed 4/15/2011). The complaint (full text) in the lawsuit challenged a school policy that prevented community groups from sending home religious flyers with students, while flyers promoting various non-religious events could be distributed. Plaintiffs wanted to distribute a flyer inviting students to an After School Christmas Story Hour.Under the settlement that led to the case being dismissed, the school agreed to amend its policies.  It will end distribution of all outside flyers through teachers and instead will permit any community group, including religious ones, to place up to 25 flyers in the school office where students can pick them up. However it appears that few students voluntarily visit the office.