Poway Unified sued over removal of teacher's 'God' signs
By: SHAYNA CHABNER - Staff Writer | ∞
Westview High School math teacher Bradley Johnson stands in front of a banner that the Poway Unified School District ordered he remove from the walls of his classroom. A law firm filed suit against the district this week on the teacher's behalf.
Photo courtesy Robert Muise
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RANCHO PENASQUITOS -- A Michigan public interest law firm filed a federal civil rights lawsuit against the Poway Unified School District on Monday, arguing that school officials violated a math teacher's constitutional rights when they order him to remove two banners with the words "God" and "Creator" on them from his classroom walls.
The lawsuit alleges that the school district violated Westview High School teacher Bradley Johnson's freedom of speech when officials ordered him to take down the banners in January after more than 25 years of displaying them because they conveyed a religious message.
The banners, measuring approximately 7 feet long by 2 feet wide, carried the phrases: "In God We Trust," "One Nation Under God," "God Bless America," "God Shed His Grace on Thee" and "All Men Are Created Equal, They are Endowed By Their Creator," the lawsuit said.
All of which are phrases from either historical texts, like the Declaration of Independence, patriotic songs or the Pledge of Allegiance, said Robert Muise, an attorney with the Thomas More Law Center who is handling the case.
"Here you have educational banners that convey messages from our religious history," Muise said Tuesday by phone, adding that the banners were "educational" in nature and serve a clear purpose in public schools, helping teachers, like Johnson, to educate students to be better informed citizens.
In asking for the banners to be removed, Westview Principal Dawn Kastner, a defendant named in the lawsuit, told Johnson that the banners were impermissible at school because they promoted a "Judeo-Christian" viewpoint, the lawsuit said.
Of particular concern to school officials, were the words "God" and "Creator," according to the lawsuit.
The district would not respond to question regarding the lawsuit Tuesday, however, because they have not been formally served with the complaint, Poway Unified spokeswoman Sharon Raffer said.
Muise said that he planned to deliver the complaint to school and district officials by the end of the month. Once they have formally been served with the complaint, they have 20 days to respond, he said.
The complaint cites the Poway Unified School District, its five school board members -- Jeff Magnum, Linda Vanderveen, Andrew Patapow, Todd Gutschow and Penny Ranftle -- as well as Superintendent Don Phillips, Assistant Superintendent William Chiment and Westview Principal Kastner as defendants. Some of the defendants, Muise said, had visited the classroom in prior years, without complaints.
According to the lawsuit, Johnson estimated that as many as seven different school principals, numerous school board members, superintendents, assistant superintendents, more than 4,000 students and several thousand parents had visited the classroom where the banners were displayed. Johnson had never received a complaint before this year, the lawsuit said.
While no parents with students in one of Johnson's math classes were immediately available to speak Tuesday, one Westview parent with two students in the school did say that she saw no problem with the signs as long as they were a representation of country's history and students were not being "preached" to.
"Basically, these are the same things that you would find in the dollar bill, Pledge of Allegiance and a lot of other governmental areas," said parent Marie Dell'Aquila in a phone interview.
She added that while neither of her students had taken Johnson's class to her knowledge, she did not find the signs offensive.
Peter Scheer, the executive director of the California First Amendment Coalition agreed, saying that the phrases were a representation of America's history, and as such, are an important aspect of a student's education.
"No one in their right minds would think that to read segments or excerpts from the great founding documents of this country which include invocations of the Almighty, that that could conceivably violate some students' religious rights," Scheer said.
In addition to alleging that the district violated Johnson's California and U.S. constitutional rights by restricting his speech, the lawsuit said that this restriction "serves no educational purpose, is not reasonably related to any legitimated pedagogical concern, and conveys a government-sponsored message of disapproval of and hostility toward religion."
Johnson is asking that the district be prohibited from enforcing such "viewpoint-based" restriction on certain educational messages and that he be awarded nominal damages for the past loss of his constitutional rights, as well as have the cost of litigation, attorney fees and other expenses covered.
"This treatment of things that are religious in nature of sort as a pathogen that needs to be removed from the public sector needs to be stopped," Muise said. "We are in this for the long haul. If this is a case that needs to go all the way up the U.S. Supreme Court, we are certainly willing to do that."
-- Contact staff writer Shayna Chabner at (760) 740-5416 or schabner@nctimes.com.
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Wow wrote on May 1, 2007 10:37 PM:So where are the so-called elected reps like Assemblymen Joel Anderson, Supervisor Pam Slater-Price and of course, the illustrious Duncan Hunter? Oh, and how about Sen. Mark Wyland??? They are running as fast as they can from this one....
Heady wrote on May 1, 2007 10:53 PM:This is about the first positive affirmation of the real American Way I have seen reported in a liberal newspaper. Keep it up. God is in control. God is in control whether I say it, whether anyone says it And whatever anyone, or any committee or any government, school, Principal, Judge does. God the Almighty has been in control from the beginning and will be and is in control. Get used to it. God bless America and in God we trust.
Judeo-Christian??? wrote on May 2, 2007 2:27 AM:Judeo-Christian belief what this wonderful country was founded on, and what the laws, including the CONSTITUTION OF THE UNITED STATES were written with in mind. If they're not teaching this in US history class then shame on Poway USD. Way to go Mr. Johnson, you have the support of over 85% of the population of the USA that beleives in a Christian-Judeo God. DO NOT listen to the likes of the ACLU and other anti-American, anti-Religious groups. God Bless..
Lucke wrote on May 2, 2007 7:00 AM:the banner has to be removed. The role of schools is to fight superstitions and not to promote them.
History Buff wrote on May 2, 2007 8:00 AM:The problem is that liberals don't know or seem to forget American History. GOD have mercy on us when we finally get to the bottom!
And wrote on May 2, 2007 8:20 AM:And what if a teacher wanted to put up a sign that says Allah is God or Buddah is God. I bet all you christians would have a fit. Take down the banner.
USA wrote on May 2, 2007 8:31 AM:Now there's a separation of state and state? Smart idea!!!
Tony wrote on May 2, 2007 8:50 AM:He is a Math teacher. What does the sign have to do with Math? Keep the proselytizing in Sunday School and teach the kids Math so we don't have to keep importing mathematicians and scientists from India and China.
inky wrote on May 2, 2007 9:49 AM:I wonder if the people that want to take any reference to the existence of God out of the schools are the same people that pray to God when there's a shooting in the school. From the temporary memorial set up at Santana HS in 2001: "Dear God, Why do you let this happen in our school? -Concerned Dear Concerned, Why don't you allow me in your school anymore? -God" History is history. Now we want to re-write it.
I agree with Tony wrote on May 2, 2007 1:16 PM:and would like to know how/why this went on for 25 years and only now is being dealt with. We all know perfectly well that a sign or banner referencing any religion or belief system other than the Judeo-Christian would never have been allowed on a public classroom wall for even 25 days, let alone 25 years.
John wrote on May 2, 2007 2:35 PM:Is this teacher so insecure that he has to expose his bias in a classroom for his underlings to see?
Easter Bunny wrote on May 2, 2007 3:53 PM:Silly Christians, myths are for kids!!
Buddhist-Christian wrote on May 2, 2007 5:01 PM:I'm not sure what the teacher's religious beliefs has to do with his teachings of math. His sign is a deliberate and obvious attempt to promote his religious choice. It's not a small statement in the context of a history class, so don't give me that crap about it being based on American history. Of course it is his right as an American to express his feelings, but ON HIS OWN TIME. Not as a representative of the school system. Get a bumper sticker, guy. But take down the freakishly huge and intimidating banner. It's downright harrassing to Muslim or Jewish students.
Lauren wrote on May 2, 2007 11:31 PM:I actually was a student in Mr. Johnson's algebra class at Westview around two years ago and would like to give another viewpoint to this incredibly biased article. Regardless of the fact that the lines are taken from historical American documents or patriotic songs, the context in which they are displayed is not appropriate for public schools. They promote religion and creationism and are not helping us become "more informed citizens." Reading the Declaration of Independence in my history class from an informed, objective standpoint and with retrospect in mind is not offensive. But enlarging and printing quotes from American history that imply the blending of church and state on banners and posting them in a classroom (a math classroom, especially) is simply imposing one's beliefs. Mr. Johnson is more than welcome to have free speech, but not when it comes to a public classroom in a public school. Also, does anyone else find it ironic that the THOMAS MORE Law Center is backing Mr. Johnson's case up? Sir Thomas More is rolling in his grave. The employees of that law center have no respect for him or the values he stood for until his unjust death, what with the the cases they stand for. Thomas More stood for progress and liberty--something this case is only trying to reverse.
Lauren wrote on May 2, 2007 11:48 PM:I was in Mr. Johnson's algebra class at Westview High School about two years ago, and would like to add something to this (incredibly biased) article. Regardless of whether or not the quotes on Mr. Johnson's banners were from historical documents, their context nullifies their objectivity. If I were in my US history class reading a copy of the Declaration of Independence, the line about the Creator would not be offensive, because I would reading from a historical perspective. Thomas Jefferson isn't trying to impose his beliefs on me! But by choosing ONLY religious quotes from historical documents and putting them on huge PUBLIC banners in PUBLIC schools, Mr. Johnson implies something to do with church and state. I am perfectly fine with him voicing his beliefs, just not while I am in a public classroom in a public school (and when I am supposed to be learning math, especially). And though this article doesn't recognize it, please note that the signs always DID bother some students--I remember talking with fellow classmates about how they made us uncomfortable. Regardless, we never complained because: a) it would be a lot of work to have to complain to the administration and talk to multiple people, b) us high schoolers are extremely busy, and c) it could have affected my grade in the class. And finally, does anyone else find it completely ironic that the attorney Mr. Johnson hired is a representative from the THOMAS MORE Law Center?! Sir Thomas More is truly rolling in his grave in repulsion from having his name tied to someone against the separation of church and state.
Hifi wrote on May 3, 2007 10:58 AM:The historical arguments as to why Mr. Johnson should be allowed to put up banners that function as a bully pulpit for religion to captive school children display fundamental ignorance about the history and governmental principles of our country: a nation intended as the pre-eminent pluralistic (i.e., secular) nation in the world, the most liberal of any previously known, a democratic constitutional republic dedicated to civil liberties with the specific mandate to protect and promote minority belief.
Sinner wrote on May 4, 2007 8:21 AM:so apparently not having the right to hang a banner n someone else's property is now a violation of freedom of speech? hmm I'll be sure to sue my school next time they wont let me hang up my banner saying "GO DARWIN, GO!"
Lowell wrote on May 5, 2007 10:26 AM:Indeed, what does the banner have to do with teaching math? Perhaps to signify one 800-pound religion-pushing gorilla will crush anyone who dares to object? This is unmistakeably pure proselytizing. As for the nitwits who claim that the Constitution was built on Judeo-Christian beliefs, you couldn't be more wrong. "God" isn't even mentioned. Free exercise of religion and prohibition of religious tests for public office ARE mentioned.
American Citizen wrote on May 7, 2007 3:01 PM:As an proud American I believe that this country was built on Christianity and it was our choice to allow other religions to be practiced here, and now those other religions want the right to wipe out the religion this country is based on? Little by little they are, and here is a great example of it. They might as well remove the American flag from Westview because its a symbol of a country that trusts in GOD. Mr. Johnson can't even have free speech? They might as well remove the Bill of Rights too. Is hearing the word "GOD" somehow offensive to those of other religions? If it bothers them so much then don't live in the United States of America, and don't use our money because that has the word "GOD" in it too. These people, who are trying to remove this word, are disrespecting Americans and the USA for allowing them practice their own religion? This is not right. What is happening to our country? GOD BLESS AMERICA
Lowell wrote on May 27, 2007 12:38 AM:Just what do you mean by "our choice to *allow* other religions to be practiced here"? You never had ANY CHOICE in the matter. It is the RIGHT, the ABSOLUTE RIGHT of all Americans to worship or to NOT worship AS THEY CHOOSE, not as YOU choose. The Constitution and Bill of Rights GUARANTEE that. This issue isn't about freedom of religion, it's about some whiner crying because he can't pimp his own religion to other peoples' kids against their will. Sorry, "American Citizen", YOU are the anti-American one here who wants to deny others the RIGHT (not the privilege) to choose their own religion. Perhaps we should rethink "allowing" YOU to practice YOUR religion.
Whose history wrote on Jun 11, 2007 12:49 PM:The banner should be removed. This country was not built on Christianity. If a thorough reading of the Constitution doesn't convince you try reading Article 11 of the Treaty of Tripoli. Art. 11. As the Government of the United States of America is not, in any sense, founded on the Christian religion... This was written during the Washington administration and sent to the Senate during the Adams adminstration where it was read aloud and put to a vote. It was passed without dissension. It was then reprinted in full in two papers in Philadelphia, one in New York. There is no record of public outcry in subsequent editions of these papers.
Proud Pagan wrote on Oct 8, 2007 11:07 PM:Personally, I am glad that he was told to remove those banners. There are plenty of other quotes that he could have chosen from, and given that he is a math teacher, not philosophy, history, literature or theology teacher, I can understand them wanting them removed. Religion has not place in schools, and given the original settlers of this country came to escape religious persecution there is no reason to suggest in anyway that Judeo-Christian is the only way. Who knows what or who or how many are in control?? Proud to be an American PAGAN-
NoGodForSmarts wrote on Mar 13, 2008 8:58 PM:God tells you how to think, how to act, what to believe.
This is contrary to fundamentals of open minded education. We need to teach children to question authority. (that doesn't mean reject or stop Respecting authority). If a child is taught god is fact, he will believe it. If a child is taught ideals and history, he will understand religion and its human downfalls. Religion is molestation of free thought and progressive ideals.
However our state & federally funded schools SHOULD teach morality, and show those being educated how to teach themselves using others ideas. Teach people to never believe anything as concrete unchangeable fact, as everything is relative.
Spirituality cannot be taught, only perceived. Those who are spiritual should never wish assimilation for personal gratification or the "greater good". Your greater good could mean another decent persons personal hell.
Gena wrote on May 15, 2008 3:53 PM:I can get the historical aspect of those sayings but it was a math class and not a history class. Therefore there is no reason for those signs to be up in that teachers classroom unless he was prothetizing.
When I get my class in a couple of years I know I'd be in a whole world of trouble if I were to put up signs of praise to the Goddess and bring in my wonderful picture book called "What is God?", which I think everyone should read by the way. It teaches religious respect. Unfortunately that is a big no-no, just like those signs being in a public school math class are.
While I agree it's important to know our history those phrases are being taken out of context. Even in context it should be kept to the history class, philosopy class and just classes where it is relevant which is not a math class.
Pagan, proud,parent and educator as well. =)
It also peeves me that teachers can wear their crosses without any recourse but I have to hide my pentacle. Ridiculous
Mike wrote on Sep 10, 2008 5:57 PM:Its amazing how many people leaving comments can't stay with the topic. In the judges ruling he scolds the school for allowing "Other" religious symbols, while making this guy take down his. We've become such anal retentive about being Politically Correct, theres no such thing anymore as using common sense. If the Muslims want to put up a banner about their Allah or Mohammad, & the Buddhist want their banners, or even the Atheist want their banners, thats okay as long as administration doesn't get 20 complaints. But put up anything about Christianity, it only takes one call to administration for the "Over Reaction." It use to be (as my kids say) "back in the day," we had no problem with these banners or other religious symbols, because we could all, THINK FOR OUR SELFS. We didn't need the government thinking for us. Now.. we're like little lambs being led by the noses down to slaughter. This country was founded on the Judeo Christian beliefs (as someone already stated). its part of the fabric that everyone from around the globe strive to become a citizen too. Gods been mentioned in our U.S. court rooms, on our money, & countless other places in government from day one. And now.. with the ACLU backing, the far left wants to re-write our constitution. If Christians don't wake up & stand up with this teacher, & others fighting back, they'll win..
Carol wrote on Sep 12, 2008 6:31 AM:There is a difference between acknowledging that our "Founding Fathers" came from and based their decisions on a basic Judeo-Christian world-view applied after their English background and someone trying to establish a specific brand of a religion such as Morman (Latter Day Saint) or Baptist. I seriously doubt that this teacher is up their preaching his brand of Christianity. Neither do I expect the folks having other religous symbolism whether it is Buddhist, Islamic or Pagan to be preaching their brand of religion. Having the symbol, whether it is in the area they are teaching or not shouldn't be an issue. (We're not talking drugs and alcohol or violent symbols here. Those have a basis to be excluded from public schools.) I graduated from school MANY years ago (1980) and we had plenty of diverse symbols including religious ones in our classrooms though I can't remember a single Christian one, though we were free to talk about religion. And, to the person who thinks a "Go Darwin" poster would be objectionable sure didn't attend my biology class.
Jeff wrote on Nov 15, 2008 12:37 AM:Mike is right. If you would really research the issue you would realize that other religious symbols were allowed to be posted by other teachers, but he was asked to take his down due to its "Christian" nature. This isn't an establishment of religion issue. It is a free speech issue. The school created a limited public forum in the classroom by allowing teachers to post religious symbols so long as they weren't preached about in the classroom. The school violated his free SPEECH rights (not free exercise of religion) by discriminating against him based on viewpoint (christian beliefs), which the Supreme Court has ruled to be a violation of free speech. If you open a forum up to speech like the school did, you can't discriminate based on viewpoint.
I would agree that this could be viewed as a violation of the establishment clause under the Lemon test since he is a math teacher, except that the school permitted teachers to post religious symbols. Therefore, it moved from an establishment clause issue to a free speech issue. Whether the school policy of allowing religious symbols to be posted violates the establishment clause is a whole other can of worms.
And our country was founded based on Christian beliefs...read the declaration of independence. The whole "wall of separation" was created years later by the Supreme Court. That language isn't found anywhere in the Constitution.
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