AIDS event prompts suit against district
By: JENNIFER KABBANY - For The Californian
At issue is commemoration at Catholic Church | ∞
MURRIETA ---- A planned World AIDS Day commemoration organized by local high school students and scheduled to be held at St. Catherine's Catholic Church this weekend became the subject of a lawsuit filed Thursday against the Murrieta school district.
Richard Ackerman, a conservative, Murrieta-based attorney, said he filed the lawsuit because school district officials appeared to be sponsoring and promoting the event in violation of laws regarding the separation of church and state.
Ackerman said he believes the event contains overt religious references, and because the district office sent out news releases stating that "Murrieta Valley High" was presenting the event, it appeared to be a district-sponsored and sanctioned event.
"You can't mix religion with education," said Ackerman, a Catholic who has two children attending Murrieta schools.
The lawsuit is expected to be withdrawn today as a result of discussions between his law firm and attorneys for the Murrieta Valley Unified School District, he said.
"It will get dismissed tomorrow after I have personally confirmed that all the promotional materials have been taken down (from district-sponsored Web sites)," Ackerman said.
The commemoration is expected to go on as planned at 7:30 p.m. Sunday at the church, which is at 41875 C St. in Temecula.
Now in its third year, the event always has been held at the church. Although the program varies annually, it generally includes choir and dance performances, poetry readings, photo montages and a silent candlelight vigil. About 100 students are expected to participate this year.
The event is meant to coincide with worldwide AIDS awareness events on or around Dec. 2, and is organized by several student clubs at Murrieta Valley High School. Those clubs include the Gay Straight Alliance, the Black Student Union, Si Se Puede, Ballet Folklorico, and members of the high school's dance team and choir.
Mary Byun-Kallevig, a longtime English teacher at Murrieta Valley High School and the Gay Straight Alliance's faculty adviser, was personally named in the lawsuit. She said Thursday she believes Ackerman's lawsuit is unfortunate and misguided.
"Last year, the church's secretaries got hate phone calls (after the event) because they were allowing gays in the church," Byun-Kallevig said. "I hope people are reminded that AIDS is not a gay disease. It does not matter what your sexual orientation or race is. Anyone can get this horrible disease and we need to be compassionate."
She said the event is not a religious ceremony, but rather aims to serve as a way to educate people about the disease, as well as remember those who have died of it. She said the commemoration is initiated and organized entirely by students.
The church is simply a venue, she said, adding it's not unheard of to have student programs there, as the school choir is also slated to perform at the church next week.
As for the AIDS event, she said students raised money throughout this month to donate to the Aid for AIDS International charity, and that Sunday's event would cap off their efforts.
"The students are being involved, active citizens," she said. "They are working together to create change. It completely baffles me that someone could expend so much energy to cease and desist a charitable program."
Ackerman said he does not want to be misunderstood and that he has compassion for people suffering from AIDS. He said he was concerned about the program's contents, and that the district appeared to approve of them.
Specifically, he noted that the program is supposed to include opening remarks from the Rev. Benita Ramsey, a local clergywoman who also serves as director of the Rainbow Pride Youth Alliance, a support organization for gay, lesbian, bisexual and transgender teenagers in the Inland Empire.
He also noted it is set to include songs with religious bents and a candlelight "recessional," which, he contends, is religious in nature.
"It ain't secular," he said. "It's an in-your-face religious political statement that a school district should not be involved in under any analysis."
Byun-Kallevig said Ramsey was invited to speak because she is a charismatic speaker, adding that the clergywoman had no intention to lead with prayer. She said that it is not uncommon for public school choirs to sing songs with religious overtones, and that those songs don't make an entire event or performance religious.
She boiled the entire issue down to semantics.
"If the flier had said 'Murrieta Valley High School's Gay-Straight Alliance presents,' we wouldn't be having this problem," she said. "A great huge ruckus was caused before all entire fact-finding was completed."
School district spokeswoman Karen Parris also said the event is student-sponsored. She said the lawsuit was in the hands of the district's attorneys.
"This is not a school-sponsored event and student participation is entirely voluntary," states a Nov. 28 memo to Ackerman from the district's attorney.
"The district takes no position, one way or the other, regarding the Catholic Church or gay rights, but it does recognize the rights of individual students to associate and freely express their views as individuals ... on any Sunday evening."
Ackerman said he had asked the district's attorneys to issue a statement that they would promote every student club's performances, including students' evangelical Christian events. He said they declined.
"I don't want to be misunderstood," Ackerman said. "This is not about AIDS. This is motivated by the first amendment and (a desire to see a) uniform application of the law."
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Temeculan in Japan wrote on Nov 30, 2007 12:50 AM:To me Ackerman is just trying to get his name in the paper. I find it interesting that he spends half the article defending himself and his actions, knowing almost everyone else believes he has no justification for his lawsuit. Even he knows his lawsuit is bogus. In addition, statements such as "It ain't secular" do not sound like educated lawyer jargon.
Wow!! wrote on Nov 30, 2007 3:28 AM:I do believe that Ackerman needs to get a life!! He must be a very busy attorney if he has only this to keep him occupied!
This is really. wrote on Nov 30, 2007 3:42 AM:A difficult issue for people in this area to understand. It's like trying to make sense of someone saying a Cross is not a religious symbol. Listen carefully. No funtions of a public nature should be done in, at or around a religious location. Simple? It is for me.
Hmmm wrote on Nov 30, 2007 6:16 AM:Is this about the church or the fact they are raising money for AIDS??????? Seriously people, we have mass genocide in the Sudan!!!! Find better things to do than sue kids that do good deeds!
Right On! wrote on Nov 30, 2007 6:24 AM:The laws apply to EVERYONE!
WOW!!!! wrote on Nov 30, 2007 6:26 AM:Thank goodness for Murrieta Valley Schools and the youth in that City. Stay at it kids!!! In time you will change this world and the views/opinions of some crusty adults and attorneys....
alogan wrote on Nov 30, 2007 7:38 AM:how sad. Millions of people are dying around the world from this horrible disease. Everyone including our state, the federal government and local religious organizations should be working together to stop this epidemic. Obviously the first amendment has been "modified" when is comes to our schools. It says ""Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...." It does not say anything about public school students working with a local church to raise awareness about a terrible disease. I agree that I do not want religious organizations entrenched in school policy and we all have seen the effects in Afganistan where the church is the government. I think that we should find a balance point that allows students and local religious organizations to come together for a good cause. Please, Mr. Ackerman, work with the school and the church to find creative ways to raise awareness about this disease. I know that some people have a hatred for the Catholic church (some, for good reason) but don't let hate undermine a good cause. Instead of holding the community to the letter of the law, work with our community for the common good. I agree that seperation of church and state is actually a good thing. I want the schools focusing on readng, writing and math. I will teach my children about our belief system. In this case, the local church only wants to do good works. If you see the Catholic Church and the Gay Straight Alliance working together on a common cause isn't that a good thing?
The Wizard of Oz wrote on Nov 30, 2007 8:16 AM:Sheez, what nothing better to do than look for lawsuits to file? Oh, wait, that's right, he's conservative, oh boy.
Appalled in Murrieta wrote on Nov 30, 2007 8:30 AM:Ackerman said 'you can't mix religion with education'? Unless it agrees with his own religious beliefs that is. He lost in his quest to become an elected Murrieta council member in 2005 because of his religious agenda. Now he's trying to disrupt an AIDS event? Glad he wasn't elected.
Concerned-1 wrote on Nov 30, 2007 8:31 AM:AIDS awareness? Anyone can get AIDS? Well, no. Not unless one engages in certain kinds of acts. Of course, "anyone" could get AIDS from a blood transfusion, however, blood banks in the US screen blood. So you'd have to be in another country. AIDS is transmitted by interveinious injection, or a certain type of sex act. That's AIDS awareness, and Ackerman is right. The school district should not be involved.
OUCH wrote on Nov 30, 2007 8:41 AM:I agree with Ackerman, but I can already see it coming, egged car, toilet papered house and nasty grams from the HS students to Ackerman .
PK wrote on Nov 30, 2007 8:59 AM:I guess it would have been too much to ask for the "conservative, Murrieta based Attorney" to talk to the school or the school district prior to filing a law suit. I guess law suits are the only way to communicate these days and then we wonder why the court rooms are packed and taxes are so high.
Supporter wrote on Nov 30, 2007 9:15 AM:I was not aware of this admirable event until I read the article. Thank you for the information - my family and I will be attending.
Huh? wrote on Nov 30, 2007 9:34 AM:Boy, am I confused! An evangelical christian is suing the school becuase they are not respecting the separation of church and state?!?! and this is not about AIDS?!?! Did I read this too fast? Actually, I think Ackerman is being understood very, very clearly.
Jeremy wrote on Nov 30, 2007 10:12 AM:Considering that evidently this has been resolved, this article seems confusing and unnecessary.
Observer.... wrote on Nov 30, 2007 10:15 AM:As long as Hmmmmm brought up Sudan I might piggyback and suggest that Ackerman use up some of his adrenaline trying to rescue the teacher over there who named the Teddy Bear after the muslin g-d since now thousands of muslins are calling for her execution because prison and deportation aren't harse enough for them! We are blessed here but, beware, our freedoms of expression are being encroached upon day by day!
Good works. wrote on Nov 30, 2007 10:24 AM:Is not the issue. The issue is a religious involvement in a government sanctioned event. Please pay attention.
Health Food 'Nut' wrote on Nov 30, 2007 10:26 AM:I sympathize with the unfortunates with the AIDS disease but why can't they see that it is 'acquired' and to acquire it you simply have to consume the SAD (standard american diet) that includes all the NON-organic, genetically modified, chemical laced foods that the FDA and USDA so vigorously push while trying to suppress organic foods and farming and also by carefully avoiding good true organic vitamins. I personally know of people with full blown AIDS that test clean now and were actually 'cured' by dramatically changing just their ways of eating! Wake up people!
Actually. wrote on Nov 30, 2007 10:40 AM:This has only to do with the LAW. You want a religious flavor to the LAW? Ok. Change the LAW. Get it.
Keep up the good work wrote on Nov 30, 2007 10:49 AM:Hats off to the local Catholic church for hosting their third AIDS event. Unfortunately for millions of that faith around the world, they are forbidden to use condoms which help spread HIV, create overpopulation and continue the poverty cycle. Meanwhile in Vatican City the dictators at the top live like kings. Not to forget how they protect their child molesting priests, but that's another topic.
Oldschoolmom wrote on Nov 30, 2007 10:51 AM:Why do we try to squash our youth when they attempt to do good things. Isn't that what education is all about? Awareness of the conditions in the world (education) and being a part of the solution (citizenship)is what I want for our young students.As for OUCH, students who raise awareness about AIDS don't egg cars and toilet paper houses. Talk to them sometimes, instead of seeing them as the enemy. Respect goes both ways.
Get a Life wrote on Nov 30, 2007 11:06 AM:Ackerman... Leave it up to [him]... to take a small part of the law to try to discredit some young students from doing something nobel and helpful to society. I don't agree with all parts of this but the awareness of AIDS in society is important. I hate to tell you there are several people living in Temecula and Murrieta with AIDS. Don't you think the children in our society should be aware of the possiblities of attracting such a disease? CONCERNED you have no idea what your talking about, but that is not surprising since no one ever seems to agree with what is right. Is that really the only way you can get aids, even though this is not what the article is about?
alogan wrote on Nov 30, 2007 11:21 AM:Oldschoolmom, nicely put. Let's not let our fear of organized religion keep us from doing good works. We can keep the church out of policy making and still allow them to pursue altruism. Our laws are important but so is balance and being a good steward in our community. Next time, let's sit down and talk the issue through with all parties and find common ground for the greater good.
Roberto1 wrote on Nov 30, 2007 11:42 AM:Teach reading, writing and arithmatic...and exercise, give up all the other agendas, religous, social, economic, business friendly etc....or give vouchers so we can send our children to places of education.
Between the lines wrote on Nov 30, 2007 11:51 AM:This isn't about religion in schools. It is about Ackermans ultra conservative platform against AIDS and the stereotype of people who wind up with AIDS. However, as AIDS has evolved over the years, it isn't just "the act" that has spread the disease. Health care workers have acquired the disease through blood exposure accidents, babies acquired it because a parent had it and caught it from a transfusion before they had screening. And yes, you can get AIDS from heterosexual activity too. Fortunately for us, our kids would like to get past the stereotype and do something about the disease itself. So who are the grownups here? Get a life Ackerman.
Laura wrote on Nov 30, 2007 12:20 PM:To Concerned 1: It is simply not true that AIDS can only be transmitted if one engages in "a certain type of sex act." These are the types of misconceptions upon which those kids seem like they're trying to shed light. God bless 'em.
Time to leave these wrote on Nov 30, 2007 12:29 PM:schools of the uneducated and move to private schools. Let the public schools turn out the drop outs and future fast food workers.
Concerned-1 wrote on Nov 30, 2007 12:42 PM:I'm all for students getting involved and doing something constructive. I just don't see AIDS as an epidemic. More people die of heart disease, in traffic accidents, and even from the flu than from AIDS. This is a politicized issue, like so many others that are being touted by fear mongers with agendas.
Catholic Church, wrote on Nov 30, 2007 1:03 PM:priests, young boys, aids? I am sorry I don't get it?
Rutabagas wrote on Nov 30, 2007 2:00 PM:The only thing I hated before today's article were rutabagas. Now Dick is giving us all more and more reasons to hate him. Rutabagas to you!
Wear a raincoat wrote on Nov 30, 2007 2:24 PM:AIDS not an epidemic? Wow. It appears stupidity is becoming an epidemic around here.
alogan wrote on Nov 30, 2007 3:14 PM:If only we could get this much passion over heart disease!! :-) Seperation of Steaks and Gravy!!! Viva La Arteries!! Epidemic might be a strong word for the AIDS crisis in the US but it is an understatement in many parts of the world. I am sure that most AIDS victims would trade HIV for high blood pressure in a minute. Please pass the condoms and organic rutabagas. Goodness knows I would not want to have a heart attack while having safe sex.
Concerned-1 wrote on Nov 30, 2007 3:30 PM:Epidemic, noun, an oubreak of epidemic disease affecting or tending to affect a disproportionately large number of individuals within a population, community or region at the same time. Example: typhoid was an epidemic. Sorry but AIDS is not an epidemic. Yes, and definitely keep your raincoat on. Laura, please read more carefully before you judge.
Charity wrote on Nov 30, 2007 4:47 PM:Ackerman may be a lawyer, but has he no decency? This is a community event for charity and awareness. It's to help students and adults understand people different from themselves. Otherwise, those kids might grow up harboring hate in their hearts instead of compassion.
West Coast Willie wrote on Nov 30, 2007 9:05 PM:It is as simple as-If you use drugs intraveniously,don't share needles. If you have sex with someone who isn't absolutely free of disease,wear a condom. This is not religion based and it does not require billions of dollars or euros to "educate"people. what is the big deal?
Thank You Concerned 1 wrote on Nov 30, 2007 9:21 PM:Such insightful comments must have come from a true intellectual. You think AIDS only comes from "drug users" and "certain kinds of sex acts." Straight people can be infected too. Have you ever heard of Magic Johnson? Thank you for sharing your ignorance. I think we're all dumber now.
alogan wrote on Dec 1, 2007 7:21 AM:West Coast Willie, one question. If it is so simple why are so many people around the world dying from this disease? Could it be that the problem is a little more complex than we thought?
RAckerman wrote on Dec 1, 2007 9:03 AM:" I guess it would have been too much to ask for the "conservative, Murrieta based Attorney" to talk to the school or the school district prior to filing a law suit. I guess law suits are the only way to communicate these days and then we wonder why the court rooms are packed and taxes are so high. " Having the actual facts would be helpful. There were two days of attempted negotiations and the school district refused to admit they had anything to do with the event involving a pastor and prayer songs. This was regardless of the Press Releases they sent out. Moreover, I am certain that an Evangelical seminar on how to REDUCE the spread of AIDS by abstinence would not receive an equally warm response from the district. Thank you for your comments.
Alogan wrote on Dec 1, 2007 10:23 AM:Ackerman, I think your time would be better spent tutoring failing kids and helping them graduate instead of focusing on your politcal agenda. We need more successful high school grads and less politics in the schools. Wouldn't you agree?
1st amendment wrote on Dec 1, 2007 11:53 AM:This really did not meet the criteria for a 1st amendment lawsuit. Here's why. 1. The event was voluntary. Students were not compelled by the state (ie. the school) to participate. 2. It was held off campus. 3. It is OK for clubs on campus to organize and participate but it is NOT OK for school employees, teachers or other agents of the state to promote the event or otherwise compel attendence. School employees can help students out with logistics pertaining to the running of an event, they just can't set the agenda. 3. The Supreme court has stated that clergy and secular speakers may participate in the same event as long as the first 2 criteria are met. 4. The only place that would really have met the 1st amendment criteria is the the state cannot promote one religion over another. The school clubs could have avoided this by inviting another religious group that was not Christian to participate. Next time invite another group such as Athiests or Buddists or Native American religous organizations and hold a similiar, even if smaller, event at one of their facilities with at least one speaker from a non-Christian group. It would be best if you could find an athiest who has lost someone to AIDS to participate. This would definitely quash the "promotion of one over others" argument. The ACLU has been playing games with this amendment for years. I am sure if you mentioned that a conservative Christian wanted to mix it up on the seperation of church and state, their eager lawyers would love a chance to go toe to toe with Mr. Ackerman. It would be kind of fun to see how they would react to this situation given the odd set of circumstances. Oregon played this game with right wing anti-gay organizations during the 90's but the 1st amendment was used to keep them out of the schools. If you ever want to see how to really crush the anti-gay crowd, google the Oregon Citizen Alliance. They tried to pass anti-gay rights legislation and the ACLU crowd pounded them into the ground over the first amendment. The irony of a conservative Christian playing the seperation of church and state card is not lost on me. In fact, it is great drama to turn the tool that was used to bash them so badly against their perceived enemies. this is better than day time TV. Anyway, my point is this. The first amendment and the part about the seperation of church and state has been intentional mis-interpreted for years to meet some agenda or another since it was written. Unfortunately, all this mis-guided effort done has taken the focus on what public schools were manadated to do. Educate our children so then could be productive members of society. Every thing else is extranious.
Involved wrote on Dec 1, 2007 12:51 PM:I'm in involved in this event as a student, and i'd like to thank those of you who are supporting our event. It is not a religious event. We are using the church as a venue for our program about AIDS, a disease, not a lifestyle. Where was Ackerman when the school announced the 4 Choir events that are held at the church? Why now, when it has to do with AIDS, is he complaining. Thanks for all who support and I will see you there tommorow nite to support those victims of AIDS in our world.
Former MVHS student wrote on Dec 1, 2007 1:55 PM:As a former student who was involved in the World Aids Day program last year, I am outraged at Mr. Ackerman's actions. He knows that the event was a voluntary one put on by the students and not one being organized by the school to support one religious group!! To claim that MVHS was promoting it as a religious event was a major fault on his behalf; if he knew anything, he would know that the school is a very diverse campus and the faculty would never purposely promote one group over another; in fact, they pride themselves in their diversity and acceptance of diversity. The lawsuit not only insulted the students who organized the event, the school, and the district, it insulted St. Catherine's, which has very graciously provided their services to the Temecula & Murrieta schools and communities. Please, Mr. Ackerman, find something better to do than sue the school district that is currently educating your children; your frivilous lawsuits are wasting space in our newspapers and wasting the communities' time. -Richard (not Ackerman!)
UGH! wrote on Dec 1, 2007 8:44 PM:Ackerman is a "donkey"....Get a life...I went to see the AIDS quilt today with my 7 yr old son at a Church in Carlsbad. It was a moving experience. Beautiful quilt pieces in tribute to loved ones lost from AIDS. We went to see it last year at Cal State San Marcos also. I have no problem with where the quilt is or where a vigil will be held, nobody should. Participate or don't, your choice, but don't ruin it for others. God Bless Us One and All!
melanie wrote on Dec 1, 2007 10:26 PM:wow its tough when student try and do good but are thanked only by a lawsuit this is why murrieta is turning to crap because students arent allowed to explore rights and help out the community without fearing that their actions will create a lawsuit
Your right Concerned wrote on Dec 2, 2007 12:59 AM:this is not en epidemic, AIDS is a pandemic, a global outbreak of a disease. and of course your not going to hear about peopple dying from AIDS; you cant die from AIDS. AIDS destroys your immune system and yes, even leaves you defenseless against the flu. If you want to break your bias and become more prudent of the comments you make about students, AIDS, and stereotypes, i suggest you attend the ceremony tomorrow night.
To Concerned wrote on Dec 3, 2007 1:52 PM:You need to educate yourself about this disease, how does a 4 year old get this disease? Hello, it is not just through having a sexual act. There are many ways people are affected, you don't even know a few of them, have you ever thought about a toothbrush being the cause? Do some research before you comment, I'm so irritated with people like you
Fiend wrote on Dec 4, 2007 7:00 PM:Yet he defends Christians when attacking homosexuals? This has more to do with not wanting to help the AIDS crisis. How does this guy sleep at night?
Rikter wrote on Dec 5, 2007 2:23 PM:Ackerman is a total KOOK and is only out for himself and his personal agendas. I cant believe he still live in that area too. He needs to beat it!
Educate these young minds wrote on Dec 5, 2007 3:29 PM:AIDS will kill you if you don't follow safe sex!
Roberto1 wrote on Dec 5, 2007 8:57 PM:I think Dick's stance on this issue is correct he should be commended for it. If you don't agree...you don't know Dick.
Justified wrote on Dec 5, 2007 10:54 PM:Just so everyone knows this World AIDS Event was beautiful and moving. It was educational and inspiring. Take the Lead was the theme and the young people did a fantatic job. The speaker Rev Ramsey was excellent and dynamic. It was great.
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