Christian Released-Time Education Provider Sues Foe for Copyright Infringement

LifeWise, Inc. is a Christian nonprofit organization that provides released-time religious education to public school students where state law permits. It uses a copyrighted curriculum which it has developed.  Last week it filed a copyright infringement suit in an Indiana federal district court against Fort Wayne parent Zachary Parrish who was a creator of a Facebook group and a website opposing use of the LifeWise curriculum.  Parrish's website contends that "Lifewise Academy is spreading Evangelical Christianity, Purity Culture, Christian Nationalism, homophobic beliefs, transphobia, and hateful rhetoric to the youngest of our children."  The complaint (full text) in LifeWise, Inc. v. Parish, (ND IN, filed 7/2/2024), alleges in part:

30. ... Mr. Parrish signed up online to volunteer for LifeWise. 

31. ... Mr. Parrish does not support LifeWise’s mission. Instead, his goal was to gather information and internal documents with the hope of publishing information online which might harm LifeWise’s reputation and galvanize parents to oppose local LifeWise Academy chapters in their communities. 

32. ... [A]fter submitting his fraudulent volunteer application, Mr. Parrish improperly gained access to LifeWise’s information storage systems, downloaded internal LifeWise documents, and posted them to his Website. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.

33. On April 9, 2024, LifeWise’s attorney sent Mr. Parrish a cease and desist letter informing him of his infringement and requesting he remove LifeWise’s internal documents, which are currently unregistered works, from the Website. 

34. Mr. Parrish responded by emailing a meme stating: “it’s called fair use bitch.”

WOSU Public Media and Cleveland.com report on the lawsuit.

Oklahoma Legislature Enacts Bill Requiring Schools to Offer Released Time for Credit Courses in Religious or Moral Instruction

Last week the Oklahoma legislature passed and sent to Governor Kevin Stitt for his signature HB 1425 (full text) which requires every school district board to adopt a policy that allows students to attend a released-time course in religious or moral instruction for up to three class periods per week. The course is to be taught by an independent entity off of school property. The school district is to award students credit for the released-time course after the course is evaluated using secular criteria set out in the new law.

According to KRMG News, before the Governor announced whether or not he would sign the bill, The Satanic Temple issued a statement saying that if the bill becomes law, it will offer a released-time course through its Hellion Academy of Released Time Learning. The Satanic Temple said in part that it "believes that public schools should be free from religious influence, [but is] ... prepared to ensure our members’ children receive the same opportunities as those participating in other religion’s programs."

New Indiana Law Strengthens Parents' Right to Have Children Attend Released-Time Religious Instruction

Last week, Indiana Governor Eric Holcomb signed House Bill 1137 (full text) which strengthens parents' rights to have their children attend up to two hours per week of released-time religious instruction. Previously Indiana law permitted, but did not require, a public school to honor parents' requests for their children to attend up to two hours per week of religious instruction provided by a church or other religious educational organization. As amended, the law now requires the principal to allow attendance at up to two hours of religious instruction when a parent has requested it. The law calls for the principal, the parent and the religious school to work cooperatively in finding the least disruptive time for the religious instruction. ADF issued a press release on the new legislation.

Church Buses Used in Released-Time Programs Not Subject to School Bus Regulations

In CBM Ministries of South Central Pennsylvania, Inc. v. Commonwealth of Pennsylvania, (PA Commonwlth.. Ct., Dec. 18, 2023), the Pennsylvania Commonwealth Court in a 5-2 decision held that privately owned vehicles used by a Bible ministry to transport children from public schools to off-site locations for religious instruction during the school day in released-time programs are not subject to state standards for school buses. CBM operates 87 released-time programs in 8 Pennsylvania counties. It contended that requiring it to comply with the heightened standards for school buses would burden its religious exercise in violation of the Pennsylvania Religious Freedom Protection Act (RFPA). The majority concluded:

While CBM does transport children to and from public schools for the released time program, DOT’s regulations, by their plain language, do not apply to vehicles that are neither owned by nor contracted with a school. In other words, the text of the enabling statute expressly limits the reach of DOT’s regulatory power in this area.

President Judge Jubelirer, joined by Judge Wojcik dissented, saying in part:

I fear the Majority’s overly narrow reading of the enabling statute thwarts the legislature’s intent, pursuant to its police power, to empower PennDOT to keep children safe when they are being transported to and from public school during the school day.

The dissenters rejected plaintiff's religious freedom argument saying that Vehicle Code provisions that protect the public from unsafe operation of motor vehicles are explicitly excluded from coverage under the RFPA, and that "for a given regulation to violate RFPA, it must 'substantially den[y an organization] a reasonable opportunity to engage in activities . . . fundamental to its religion.'"

State May Require Inspection of Release Time School Buses

In CBM Ministries of South Central Pennsylvania v. Richards, (MD PA, Sept. 19, 2107), a Pennsylvania federal district court held that to the extent state school bus inspection regulations apply to buses of a religious organization, the regulations do not violate the Free Exercise Clause.  They are a neutral and generally applicable regulation.  At issue were buses that are used to transport students from public schools to an off-premise release time Bible education program.

Christian Camp Gets Preliminary Injunction Allowing It To Use Its Buses For Released Time Program

According to Public Opinion News, a Pennsylvania federal district court on Wednesday issued a preliminary injunction permitting Joy El Ministries to go back to using its own buses for its public school Released Time Bible Program while its lawsuit challenging state regulatory contentions is pending. The lawsuit, originally filed in state court, was removed to federal court by the state because it raises federal Establishment Clause issues. (Herald Mail Media).  As previously reported, Pennsylvania State Police cited the Greencastle, Pennsylvania Christian camp for transporting students to and from school for its a once-a-week "released time" program in buses that do not  meet the standards for vehicles owned by the school district or under contract with it.  Among other things, the buses used by Camp Joy El do not have swinging stop signs attached to the side, are not marked as school buses and are not painted with the specifically required yellow paint. The camp claims its buses are not school buses and its program is not an extracurricular activity, so that it is not covered by the regulations.  The camp has been renting other buses since state police cited it for violations.

Suit Questions Whether Released Time Church Buses Must Meet School Bus Standards

Public Opinion News reported yesterday on a suit filed in a Franklin County, Pennsylvania trial court challenging the contention by Pennsylvania State Police that yellow buses used by a Christian camp to transport students to and from school for a once-a-week "released time" program must meet the standards for vehicles owned or under contract with a school district.  Among other things, the buses used by Camp Joy El do not have swinging stop signs attached to the side, are not marked as school buses and are not painted with the specifically required yellow paint. A state trooper stopped one of the buses for inspection in a church parking lot, cited it for 9 violations and refused to allow students to board the bus to return to school. The suit asks for a preliminary injunction and a declaratory judgment permitting the Joy El to resume using its buses. Since the citation,it has been renting other buses at a cost of over $5000 per week.