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POWAY: Judge: Teacher's claim against Poway Unified over 'God' signs stands
District to decide between trial or settlement
This story has been corrected since its original posting.
By COLLEEN MENSCHING - Staff Writer | ∞
A federal district judge last week upheld the free speech claims of a Poway Unified School District math teacher who was asked to take down banners in his classroom bearing the terms "God" and "Creator," a decision that opens the door for either a trial or an out-of-court settlement of the case.
Teacher Bradley Johnson, a Christian, filed a federal civil rights claim against the district in 2007 after the Westview High School principal asked him to remove the banners because they promoted a "Judeo-Christian" viewpoint, according to the original filings.
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.
The district's motion to have the case dismissed was denied Friday by U.S. District Judge Robert T. Benitez.
Johnson's attorneys from the Michigan-based Thomas More Law Center argued in the suit that the banners had historical and educational value and had hung in Johnson's classroom for more than two decades without incident.
According to the suit, district administrators allowed displays of Buddhist, Tibetan and Islamic messages in other classrooms but prohibited Johnson's banners.
In his preliminary ruling, Benitez said the district generally provides students with "healthy exposure" to diverse ideas, but that it did them a disservice by " ... squelching only Johnson's patriotic expression."
Benitez wrote that "federal and state constitutions do not allow such one-sided censorship."
School district attorney Jack Sleeth said Tuesday he will present Benitez's decision to the school board Monday. The board's options include allowing the case to proceed to trial or settling with Johnson out of court, he said.
Though the judge ruled that Johnson has a valid case based on the complaints made in his claim, those complaints haven't been vetted yet, Sleeth said.
"I think the question I have is, 'What is in the other classrooms?' " he said. "How long have Mr. Johnson's banners actually been up? ...
"Our concern is we want math teachers teaching math, not religion. This is a math classroom."
Brian Rooney of the Thomas More Law Center, a nonprofit group that promotes religious freedom for Christians, said now would be a good time for the school district to settle.
"We believe we have a righteous case. ... I think the judge did a very good job in handling it. These slogans and mottos were all vestiges of our country's heritage and history."
A trial could be avoided if the district allowed Johnson to put his banners back up and ensured that such displays would not be interfered with in the future, Rooney said. Johnson would also ask the district to pay for approximately $60,000 in legal fees, he said.
"These things ramp up if they don't settle quickly," Rooney said, speaking of the costs of discovery and litigation.
But Sleeth said the issue of Johnson's banners might make an interesting test case for the 9th Circuit Court of Appeals, the largest federal appeals court in the nation.
The big-picture questions of the case, depending on how they are phrased, may pit a teacher's freedom to express personal opinions against the taxpayers' right to control the content of public classrooms, he said.
"This is not about something we did right or wrong. This is a question of 'What is the rule?' We need to figure out the rule," Sleeth said. "I think the culture hasn't worked out what to do with this case."
Contact staff writer Colleen Mensching at (760) 739-6675 or cmensching@nctimes.com.
CORRECTION: School district lawsuit story contained an error
A story on Sept. 9 about a teacher's civil rights claim against the Poway Unified School District contained an error. An attorney gave an incorrect estimate of attorneys fees incurred to date. The correct figure is $60,000.
We apologize.
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Go wrote on Sep 9, 2008 8:02 PM:If this teacher is so hell bent on putting up these signs, then go work for a religious school. They will appreciate his signs there. Keep them out of school. Interesting,,,if a Muslim teacher put up Allah signs I bet the parents would be complaining to have them removed. Keep your religion at church not school.
To GO wrote on Sep 9, 2008 11:45 PM:I guess you misread:
"According to the suit, district administrators allowed displays of Buddhist, Tibetan and Islamic messages in other classrooms but prohibited Johnson's banners."
So ???
kneejerk wrote on Sep 10, 2008 7:53 AM:The principal should've consulted with Sleeth first and had Sleeth figure out what the "rule" was first. $30k in fees? They better settle quick because they're looking at $100k and up already with their own fees included. "Our concern is we want math teachers teaching math, not religion. This is a math classroom."What? But they don't care what's being taught in the other classrooms? Again, it looks like they're targeting Johnson. Better settle quick...
CHECK YOUR MONEY wrote on Sep 10, 2008 8:21 AM:Funny thing, you may find most or many of the students have paper on their person, in class with one or more of these verses on them, check your money.
Judeo-Christian, Christ is not mentioned in any of the verses listed.
God is many things to many people,most cultures through the world have some understanding of a god.Many have no understanding of christ. I am sure our founding fathers new this, today we may not. Have a great day.
esteban wrote on Sep 10, 2008 8:24 AM:According to schools' behavior...Muslim=good, Christian =bad. Folks, ever wonder why I say we have less than 50 years to survive as a nation?
TOO MUCH wrote on Sep 10, 2008 8:30 AM:Again, NCT reporting leaves a lot to be imagined. What has happened to Journalism in newspapers? Without the confusion entered by reporter Mensching, this case appears cut and dry. But rather than clarifying the facts, we are left with the idea that this case was much ado about nothing.
Paul wrote on Sep 10, 2008 8:38 AM:What a waste of time and tax payers money. Mr. Johnson has been teaching math and those banners have been there for years. This is just another case of an administrator that has the wrong priorities.
Let's see... "district administrators allowed displays of Buddhist, Tibetan and Islamic messages in other classrooms"
Vs... "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,"
Shame on us... "No Country for old men"
I smell a lot of DOUGH wrote on Sep 10, 2008 8:39 AM:No the banner will not make an interesting case before the Ninth Circuit since the Ninth Circuit disposes of 80% of the cases. This case has 100% chance of racking up billable $$$ hours for the SASH law firm and 80% of being papered.
However having Chief Justice Alex Kozinsky sitting on the case and papering a God banner may be interesting it would be like a vampire looking at a cross.
Attorney Sleeth knows the name of the game pretty well it is all about the BILLABLE HOURS....
WHAT wrote on Sep 10, 2008 9:14 AM:Where is the TOLERANCE we are supposed to have? It is now tolerance for everyone but Christians??!! We are supposed to be in AMERICA! What is happening to this Beautiful country?
Wrong Forum wrote on Sep 10, 2008 10:01 AM:I don't care what religion it is ... it has no business being in a classroom ... unless, of course, the religion is the subject of the class.
Wondering wrote on Sep 10, 2008 10:10 AM:Are the Buddhist, Tibetan and Islamic messages in the other rooms on banners seven feet long and two feet wide? If not, I am not sure the impact is equal.
Who funds the Thomas More Law Center? Always seems a little mean when agenda driven folks from far away with unlimited money come into town to attack a local institution.
I have never heard of a Tibetan religion. There is a form of Buddhism practiced there as the Chinese allow, but I did not know that it is now called Tibetan religion.
Is the reporter sure that the Tibetan religion reference was not just a secular quote from the Dali Lama?
What did the Islamic quote say?
What did the Buddhist quote say?
What did the Tibetan quote say?
In this article all we saw were the "christian" quotes. How can we know if the teacher is being mistreated or just looking for attention if we do not know the salient details?
More information is needed for the unbiased to understand the controversy.
Yikes wrote on Sep 10, 2008 10:14 AM:Can you believe it. Christmas is almost here. I love decorating our family Christmas Tree every year. Ooops, I must correct myself before I get sued... I meant Holiday Tree!
Christian wrote on Sep 10, 2008 10:15 AM:As a Christian a real follower of the teachings of Jesus Christ, I am a bit embarassed by this Poway teacher's actions. Christ taught us to pray in private and not to make a big show of holiness in front of others (in the temple or here in the classroom). Christianity is not an "in your face" "bully-boy" religion.
When people who call themselves Christian bring shame on the body of Christ, they need to prayerfully re-examine their actions.
Tony wrote on Sep 10, 2008 10:25 AM:I doubt that the so-called "Buddhist, Tibetan and Islamic messages" were posted on 7-foot by 2-foot banners. There is something to be said about subtlety.
If he was a history or civics teacher, it might make sense. However, a MATH teacher has no need to post such banners, unless he is promoting a specific philosophy.
Its called proselytizing, and it shouldn't be tolerated in the public schools. All he needs to do is work go for a parochial school that embraces his beliefs and stop wasting the taxpayers money.
to Christian wrote on Sep 10, 2008 11:25 AM:This isn't about prayer, and Christ isn't even mentioned.
But since you bring him up, Christ also said that if you deny knowing Him, He will deny knowing you.
Richard wrote on Sep 10, 2008 11:33 AM:The school was absolutely wrong to ban Christian signs while allowing others. I hope this lawsuit forces the Poway schools to ban all religious banners! There's no place for Buddhist, Hindu, satanist, islamic or Christian mumbo-jumbo in our public schools.
To To Go wrote on Sep 10, 2008 12:16 PM:Maybe you don't understand that in a public school system that if a parent lobbies the School Board a little, the teacher is prevented from promotions and access to certain resources.
These types of expression are not appropiate in an elementary school especially a math class.
As a Catholic, it makes me uncomfortable this _math_ teacher needs to profess his/her Christian faith.
Bill wrote on Sep 10, 2008 1:37 PM:Where was this concern for teaching curriculum when teachers were stating their anti war beliefs to our kids?
A teacher has every legal right to do this just like they did when they were espousing their anti war drivel to our kids. I find it interesting that those people who cry foul here are the same ones who didnt say a word about the tachers giving their unwanted opinions on Bush or the war.
They defended the teachers free speech rights when parents complained and there was no concern for math, histrory or english.
Some people have it backwards here.
If this was a private school, the teacher could be fired for espousing their personal beliefs but not in a public school. Free speech doesnt extend into the private workforce but is protected in the public sector. Since the teacher is a public school teacher, they have the same right to do this as the teachers did to indoctrinate our children with their socialist views that contradict what parents are teaching kids in their own home.
Now, the school cries foul when free speech is used to promote Christianity.
The teachers have every leqal right to express their own private religious views and that is in no way a violation of the principal of seperation between church and state. Its a free speech issue and not a religious one. The 2nd ammendment makes no such restrictions on subject matter.
Once again, the schools are showing us that only certain politically correct speech is worth defending.
The courts will slap them hard for this and you and I will pay for it.
Olivenhain wrote on Sep 10, 2008 2:50 PM:Well said, "Bill". The "tolerant" are in fact the 'INtolerant"...
Sleeping But Awake wrote on Sep 10, 2008 2:54 PM:The case may pit a teacher's freedom to express personal opinions against the taxpayers' right to control the content of public classrooms.
It is amazing. This issue has been settled time and agian with the teacher always loosing in these battles. The school will be forced to remove all religous reference items from the classrooms. The fact is that the law is clear - schools can not put religous reference items up as they intimidate minority religion and non-religous individuals. The school is there to teach academics and the teachers are not there to preach or promote religion. This teacher needs to go to church if he has the need to teach religion. What a boar.
Sleeping but Awake wrote on Sep 10, 2008 3:00 PM:Bill- you have your facts wrong and do not have a clear understanding of the supreme court rulings in these type of issues.
The Supreme Court, declaring that public officials may not seek to advance or promote religion, on Monday struck down the posting of the Ten Commandments on the walls of two Kentucky courthouses.
This teacher is clearly promoting religion and he can do no such thing.
To Christian wrote on Sep 10, 2008 3:29 PM:You are a true Christian. One holds his or her religion and god in the heart..doesn't have to put it on a wall and beat people over the head with it. The world is good because of people like you!THis applies to ALL religions and faiths..keep it in your heart and demonstrate your faith by action..not words, banners or plaques!
Reitanna wrote on Sep 10, 2008 3:32 PM:i think religion should be kept out of school, because there are so many kids who are of different religions that go in and see it, and it angers them. people should have freedom of religion, and it seems that, if a teacher has banners everywhere about god, that he's trying to convert or impose the idea of christianity onto other students. i personally would be very offended.
Christian wrote on Sep 10, 2008 5:41 PM:"They will know we are Christians by our love." We are also asked to be humble in our faith. Religious banners in a public school room seem to me to be neither loving or humble.
In the article I see no reference to anyone asking the teacher to deny Christ. If anyone does I am on the teacher's side.
However, does the teacher's "in your face" display of his banners make Christians look better or worse to non-Christians? That is a question the teacher and his supporters should prayfully consider.
je wrote on Sep 10, 2008 6:15 PM:How did this get to be a Christian thing? Never heard Christ's name mentioned. All I read in this article referred to "God" and "Creator." Seems rather generic. Even so, the religious messages don't belong in a math classroom.
Keep the banners wrote on Sep 10, 2008 7:00 PM:America was founded by Christians. Jesus is Lord, and liberals try to shut us out of the schoolhouse. And we wonder why our schools went downhill?
Roberto wrote on Sep 10, 2008 7:03 PM:All you anti-chritians should be deported. This is a chriastain nation like it or not. In God we trust...all others pay up now.
LaoTsu wrote on Sep 10, 2008 7:36 PM:America was founded largely by Deists - not Christians - slave holding Deists at that. Go investigate the Jefferson Bible where good old Thomas ripped out half of the "Holy Word".
blm wrote on Sep 10, 2008 8:21 PM:Religion and religious decorations do not belong in a public school classroom. As a paid professional operating under church/state separation guidelines, the teacher has no more right to free speech that promotes religion than if he were to promote the use of drugs, or yell "fire" when there is none. He wouldn't be allowed to post "pot is cool" banners, or "some of my best friends are (insert race here)".
Look Again wrote on Sep 11, 2008 8:23 AM:All have tried to make this a religious thing. The fact is these are all quotes from secular things, such as our money, national songs and such. Quit looking for religious reasons behind every banner.
smo wrote on Sep 12, 2008 7:54 AM:Thank you Look again! You are correct. This is not about religion, this is about our nation's history. Americans are destorying the country that our founding fathers fought and died for because of being afraid of God. This is about our history not religion. Read you history books!
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