Article published August 02, 2006
ROSSFORD DISPUTE
Judge's ruling favors school board
Christian band not allowed to play
Pawn members include Timothy Strausbaugh, front, and from
left at rear, Kyle Kleeberger, Travis Montgomery, Mark Montgomery,
and Robert Golden. Young Kleeberger was not a party
to the lawsuit because his father is on the school board.
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By MARK REITER
BLADE STAFF WRITER
A Christian rock band that was prohibited from playing during an anti-drug assembly at Rossford High School plans to appeal a federal court ruling that dismissed their lawsuit against the school district.
The Rev. Mark Montgomery, whose sons Mark and Travis are members of the band Pawn, said yesterday that the decision by U.S. District Court Judge Jack Zouhary would be appealed.
"If we have to, this will be taken to the Supreme Court. They are going to fight it all the way,'' he said.
The ruling on Monday dismissed the lawsuit that the Montgomerys and two other members of the rock band filed in February, 2005, against the Rossford Exempted Village School District and Superintendent Luci Gernot.
The lawsuit stems from action taken in December, 2004, when Ms. Gernot, after receiving complaints from a parent, canceled the band's performance at the anti-drug assembly because of concerns about a potential lawsuit for promoting religion in a public school.
The decision from the superintendent provoked an outcry from supporters of the band and attracted national attention from those for and against the right to religious presence in public schools.Mark and Travis Montgomery and bandmates Robert Golden and Timothy Strausbaugh claimed school officials violated the band's constitutional free-speech rights under the First Amendment and discriminated against them because of their religious beliefs.
However, Judge Zouhary, in a 10-page opinion on summary judgment issues, said Ms. Gernot's actions were warranted because of "realistic and legitimate" concerns over the band's Christian religious identity and a "realistic danger" existed that the district could be perceived as endorsing a particular religion.
The plaintiffs, who were represented by The Rutherford Institute - a nonprofit religious and human rights organization, demanded $1 in nominal damages from the school district and superintendent.
The fifth band member, Kyle Kleeberger, was not a party to the suit because his father, Pawn manager David Kleeberger, was and still is a member of the Rossford school board.
Mr. Montgomery, who contacted the Texas-based Rutherford Institute on behalf of his sons and the other members of Pawn, said the constitutional protection of those with Christian beliefs was at stake.
"The laws are there to make sure that religious persons have the same rights as anybody else. We have complete confidence that this decision will get overturned," he said.
Tom Condit, an attorney for plaintiffs, said the decision would be appealed to the U.S. 6th Circuit Court of Appeals in Cincinnati. "We certainly disagree with the decision," he said.
Ms. Gernot was out of town and unavailable for comment.
However, in a statement released by the school district, she said: "I am delighted, although not surprised, by Judge Zouhary's ruling. I regret that this case has produced strong and divisive feelings in our community; however, as Judge Zouhary explained, the constitutional principles are extremely clear, and I was guided by those principles."
Board Member Joseph Minarcin, Jr., said he hoped the decision would put the nearly two-
year-old controversy to rest and allow the district to concentrate on the academic needs of students.
"I am glad that the situation is finally over. I am glad the court ruled in the district's favor," said Mr. Minarcin, who was president of the school board when the lawsuit was filed.
The district has incurred nearly $148,185 in expenses for attorneys and other legal fees in defending against the lawsuit.
Contact Mark Reiter at:
markreiter@theblade.com
or 419-213-2134.
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