Bible Club Ex Rel. R.G. v. Placentia-Yorba Linda School District

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

I. INTRODUCTION

Plaintiffs R.G. and Bible Club (collectively “Bible Club”) seek a preliminary injunction against Defendants Placentia-Yorba Linda Unified School District (“District”) and Esperanza High School (“EHS”) requiring the District to grant the Bible Club the same access to EHS facilities and resources enjoyed by other clubs. After carefully considering the evidence presented by the parties, the Court finds the issuance of a preliminary injunction appropriate and necessary. The Bible Club has shown that EHS has created a limited open forum by admitting student clubs, like the Red Cross Club and Students Making a Difference (“SMAD”), that are not related to the school curriculum. Because it has created a limited open forum, EHS is compelled to grant equal access to the Bible Club under the First Amendment of the United States Constitution and the Equal Access Act (“EAA”), 20 U.S.C. § 4071 , a statute that codifies high school students’ rights to form clubs.

Although schools have discretion in framing and developing their curricula, First Amendment protections extend onto campuses. “It can hardly be argued that…