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Kary Love (P42623)
Attorneys for Plaintiffs
Suite 2
348 Waverly Road
Holland, MI 49423
Phone: (616) 396-6100
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NOW COME Plaintiffs, Megan Daugherty and Donald Sweeny and Jeffery and Cathy Seaver individually and as guardians of their minor children, by and through their attorney, Kary Love, and their complaint against defendants, Vanguard Charter School Academy, Grand Valley State University, and National Heritage Academies, state as follows:
JURISDICTIONAL ALLEGATIONS
1. Plaintiff Megan Daugherty and Donald Sweeny are residents of Kent County, State of Michigan and their minor children attend 2nd, 3rd, 5th and 6th grade at Vanguard Charter School Academy.
2. Plaintiff Jeffrey and Catherine Seaver are residents of Ottawa County, State of Michigan, and their minor child attends first grade at Vanguard Charter School Academy.
3.. Defendant Vanguard Charter School Academy is an educational institution for kindergarten through seventh grade, receives its charter as a public school from Grand Valley State University and is a public school for the purposes of Michigan’s code for public school academies, MCL 308.40 1. Vanguard is located in Kent County, State of Michigan.
4. Grand Valley State University is an educational and municipal institution and is a charter authority as that term is used in Michigan’s code for public charter school academies.
5. National Heritage Academy is a Michigan corporation with its principal place of business in the County of Kent, State of Michigan. Grand Valley has contracted with National Heritage Academies (NHA) to manage the Vanguard Charter Public School and for the purpose of this complaint, NHA is acting under the color of state law.
6. The subject matter of jurisdiction of this court is based on the Civil Rights Act, 42 U.S.C. §1983, federal question jurisdiction under 28 U.S.C. §1331,28 U.S.C. §1343 and supplemental state jurisdiction under 28 U.S.C. §1367. Declaratory relief is authorized by 28 U.S.C. §2201 and 2202 the Federal Rule of Civil Procedure 57. Injunctive Relief is authorized by Federal Rule of Civil Procedure 65.
7. Venue in this court is proper since the underlying transactions and occurrences transpired in Counties of Cent and Ottawa, State of Michigan, and the plaintiffs and defendants are residents of the Counties of Cent and Ottawa, State of Michigan.
COUNT I
Defendants Vanguard, NHA. and Grand Valley’s Violation
of the United States Constitution First Amendment and
Plaintiffs’ Civil Rights Under 42 U.S.C. §1983
8. Plaintiffs allege and incorporate paragraphs 1-7 above as if fully set forth herein.
9. Plaintiffs are parents of minor children who attend Vanguard Charter School Academy, and their children are impressionable, regard their school teacher and school administrators as role models and are susceptible to peer pressure.
10. As a public school, Vanguard qualifies and receives federal and state tax dollars designated for public school education purposes.
11. The plaintiffs’ have certain rights secured to them by the Constitution of the United States which are protected under 42 U.S.C. § 1983 and 28 U.S.C. § 1343, including the First Amendment to the United States Constitution which prohibits the establishment of a religion.
12. Defendants Vanguard and NHA have violated the establishment clause to the First Amendment of the United States Constitution and the plaintiffs’ civil rights, in the following, among other respects:
a. They have allowed, permitted, and/or endorsed outside groups to use school facilities for the purpose of conducting prayer during and after school hours.
b. They have allowed, permitted and otherwise endorsed, school teachers and
school administrators’ participation in prayer on school property during school hours.
c. They have allowed, permitted and/or endorsed outside groups to distribute
and/or disseminate brochures, pamphlets, and information of religious nature.
d. Vanguard school officials and school teachers have permitted and allowed school students, as young as first grade, to distribute religious information in classrooms during school hours.
e. Defendants have allowed the Lighthouse Baptist Church to use its school facility, which is supported and financed by federal and state tax dollars, for purposes of conducting worship service on Wednesday night and Sunday without charging any rent or other remuneration when other groups are charged rent and remuneration for use of school facilities.
f. In the stated school objectives for the 1997-1998 school year, Vanguard endorsed an affiliation with the Lighthouse Baptist Church as one of its objectives.
h. On October 23, 1998, Vanguard canceled school and conducted a mandatory in-service requiring the attendance of all school teachers and administrators and administration at a moral focus retreat which was conducted at the Ridge Point Community Church in Holland, Michigan. The following activities took place at this mandatory in-service for moral focus:
1. Christian music was performed;
2. Prayer was conducted;
3. A Baptist minister made a presentation on moral focus and moral values during which presentation he made numerous references to God, Jesus, and biblical scripture, including the following statements: “Now folks we are shaping precious lives which is first of all made in the image of God; they are made in the image of God and are loved by Christ as we are.” “We must commit ourselves to freeing them to consider moral absolutes, all ten of them and all of which come from God. All joy, all love comes from God. And therefore all human longing is a longing for God.”
i. Vanguard school teachers were instructed to incorporate ideas from the moral focus retreat directly into their moral focus plans to be implemented in the classroom.
13. Defendants’ violations of the establishment clause of the First Amendment also constitute violation of plaintiffs’ civil rights under 42 U.S.C. § 1983.
14. Defendant Grand Valley, as the chartering authority, is mandated under Michigan’s Charter School Academy Code to ensure that its charter academies, including Vanguard, follow all laws. Grand Valley as the chartering authority for Vanguard has failed to fulfill its statutory mandate to ensure that Vanguard complies with the establishment clause of the First Amendment to the United States Constitution.
15. As a direct and proximate cause of the Defendants’ actions, plaintiffs have suffered embarrassment, humiliation, frustration and mental anguish.
COUNT II
Defendant’s Vanguard, NHA. and Grand Valley’s
Violation of The Michigan State Constitution
16. Plaintiff allege and incorporate paragraphs 1-15 above as if fully set forth herein.
17. The State of Michigan’s Constitution, Article 1, Section 4, to the Michigan Constitution 1963 prohibits the establishment of a religion or from using tax dollars to support any religious education.
18. Defendants Vanguard, NHA and Grand Valley’s actions as described in paragraph 12a—i, violate Michigan’s Article 1, Section 4, to the Michigan Constitution, 1963.
19. As a direct and proximate cause of Defendants’ actions, plaintiffs suffered embarrassment, humiliation, frustration and mental anguish and suffering.
WHEREFORE, plaintiffs request that judgment be entered in their favor and against the defendants and that the court grant the following relief:
A. The court grant injunctive relief, including but not limited to an order enjoining Grand Valley, NHA and Vanguard from allowing outside groups to conduct prayer services on school property.
B. The court enter an order enjoining Defendants’ school teachers and administration from participating in or anyway endorsing outside prayer groups.
C. The court enter an order enjoining Defendants from allowing Lighthouse Baptist Church to have free use of the school facilities for religious worship.
D. That the court enter an order enjoining Defendants from having as one of its objectives for the school year an affiliation with the Lighthouse Baptist Church or any other religious group.
E. That the court enter an order enjoining Defendants to prohibit the distribution and/or dissemination of religious materials, brochures or pamphlets by outside groups on school property.
F. That the court enter an order enjoining Defendants from conducting any future mandatory in-service for school teachers and administration which of religious symbols, prayer, religious music and/or religious presentations.
G. That the court enter an order enjoining Defendants from having religious music or prayers at official school functions.
H. That the court enter an order enjoining Defendants from teaching any moral focus agenda which endorses a religious viewpoint.
I. That the court award plaintiffs damages and their attorneys fees as well as costs and grant such other relief as may be appropriate under the circumstances.
JURY DEMAND
Plaintiffs, by and through their attorney, Kary Love, and pursuant to Federal Rule of Civil Procedure 38, demand trial by jury of all issues triable by jury.
Dated: December 13, 1998
Kary Love (P42623)
Suite 2
348 Waverly Road
Holland, MI 49423
Phone: (616) 396-6100
Attorney for plaintiffs