Bacus

ORDER DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION

Plaintiffs’motion for a preliminary injunction (“Motion”) was submitted for decision; The court, the Honorable Robert J. Timlin, has read and considered the complaint, the moving, opposing and reply papers, as well as any admissible evidence. Based on such consideration, the court concludes as follows:

I.

Procedural Background

Plaintiff Connie H. Bacus (“Bacus”) and Floyd. Brosman (“Brosman”) (collectively “Plaintiffs”) filed the instant action seeking injunctive and declaratory relief against the Palo Verde Unified School District Board of Education (“Board”), Daryl Attig (“Attig”)*, and Karen Hays (“Hays”) (collectively “Defendants”). They allege that the religious prayer invocation (“invocation”) at the opening of Board meetings violates the Establishment Clause of the First Amendment of the United States Constitution as incorporated by the Fourteenth Amendment, thereby depriving them of their First Amendment rights in violation of 42 U.S.C. Section 1983 . The plaintiffs are seeking a preliminary injunction to restrain the defendants from sponsoring, facilitating, engaging in, or including spoken prayers at any…