Harper Ex Rel. Harper v. Poway Unified School District

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS [FED.R.CIV.P. 12(b)(6) ] [DOC. # 14] AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION [DOC. # 18]

INTRODUCTION

Now before the Court are defendants’ motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and plaintiffs motion for preliminary injunction. After careful consideration of the pleadings and relevant exhibits submitted, and for the reasons set forth below, this Court GRANTS IN PART and DENIES IN PART defendants’ motion to dismiss and DENIES plaintiffs motion for preliminary injunction in its entirety.

BACKGROUND

I. Factual Background

Plaintiff Tyler Chase Harper (“plaintiff’) is a minor and enrolled at Poway High School (“the School”) in the Poway Unified School District. Compl. ¶ 21. Plaintiff is a Christian with the firmly held religious belief that homosexuality is immoral. Id. ¶¶ 22-23. In the weeks prior to April 21, 2004, plaintiff became aware that the School planned to observe a “Day of Silence” that he believed “endorsed, encouraged, subsidized and promoted” homosexual activity. Id. ¶¶ 24, 26. Plaintiff felt compelled to communicate his…