Court Refuses To Enforce Settlement In Good News Club Lawsuit

After the 8th Circuit last year held that a preliminary injunction should issue to permit Child Evangelism Fellowship's Good News Clubs to participate in a Minneapolis elementary school's after-school programming (see prior posting), the parties decided to settle the lawsuit. They filed a stipulation with the district court that provided for the school district to reinstate the Good News Clubs and pay plaintiffs' attorneys fees. It also sought the issuance of a permanent injunction and asked the court to retain jurisdiction for purposes of enforcing the injunction. In Child Evangelism Fellowship of Minnesota v. Minneapolis Special School District No. 1, (D MN, March 12, 2013), the district court, in an unusual move, held that

the parties have not demonstrated that permanent injunctive relief is necessary or warranted.... Instead, because the District has voluntarily agreed to cease the challenged conduct, the Court finds that there is no threat of future irreparable harm to CEF and therefore an injunction should not issue.... Because the Court will decline to enter a permanent injunction and exercise continuing jurisdiction over this matter, the Court’s approval of the parties’ Stipulation is no longer necessary, and the document is now simply a private settlement.