Vidmar

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

In many respects, this is a case of first impression. The issue is whether a public elementary school teacher may sue the Principal and School District claiming violations of the teacher’s constitutional rights arising from restrictions placed on the teacher’s use of supplemental classroom materials having religious content. The Court finds that there is no legal basis for the lawsuit and dismisses all but one of the claims. In the surviving claim, the teacher alleges that all other teachers are allowed to use similar supplemental materials while he is being restricted from using them because he is an avowed Christian. If he can prove that claim, it would be a violation of the Equal Protection Clause.

II. BACKGROUND

Plaintiff Stephen J. Williams (“Plaintiff” or “Williams”) is a teacher at Stevens Creek Elementary School in the Cupertino Union School District. Williams is an avowed orthodox Christian. In his complaint, Williams alleges that Defendant Principal Vidmar approached him regarding the religious nature of his classroom discussions. Williams explained to Principal Vidmar that the…