Last month, Citizens for Life in Rapid City filed a lawsuit against the Rapid City School district because they had repeatedly been denied permission to use Dakota Middle School after hours for a pro-life event.
Citizens for Life simply sought the same right to use the facility as other groups receive upon request, but were told their group's message was "too controversial.”
I am unaware when protecting human life became "too controversial," but that's the position of the school district, and they're sticking to it.
The district denied permission the first time in 2006 for an event featuring abortion-survivor Gianna Jessen, and again in 2007 when Carlson planned an event featuring Joe Scheidler, National Director of the Pro-Life Action League. Carlson's latest request was for use of the facility in May 2008.
So, with the assistance of Rapid City attorney Stephen Wesolick and the Alliance Defense Fund, the group filed suit. Wesolick is an allied attorney with the ADF, a legal group dedicated to defending religious liberties.
Today the Rapid City Journal reports the district has consented to allow Citizens for Life to use the facility on May 14. Consequently, Citizens for Life has withdrawn its request for a preliminary injunction.
A group will be allowed to use a public school auditorium in Rapid City for an educational event in which "politically associated issues" regarding abortion will likely be discussed, according to a court filing.
The agreement from the Rapid City School District for the May 14 event at Dakota Middle School prompted Citizens For Life and its president, Allen K. Carlson of Rapid City, to drop a request for a preliminary injunction against the district over claims the group has been prevented from holding events at the school.
But the group's federal lawsuit against the district seeking a permanent injunction for that same reason remains active, though it now will follow a normal court schedule instead one that's expedited.
I contacted Wesolick this afternoon and confirmed that the lawsuit is going forward based on the original claims that the school district is denying Citizens for life the same rights to speech, religion and equal protection that other groups seeking to use the facility enjoy.
According to Wesolick, the case will move into the pre-trial discovery phase under a normal schedule, rather than the expedited one brought on by the request for preliminary injunction; the hearing for that was to have been April 14. A trial date will be set later, based on discovery requirements.
Wesolick confirmed that the school district made no admissions or changes to its position, other than the fact that they are allowing Citizens for Life to use the facility for an event on May 14.
In a phone call this afternoon, Al Carlson told me the reason his group has tried to use the Dakota Middle School facility is because it is a public venue, centrally located in the city, and has an auditorium suitable for a large gathering.
The event planned for May 14 will feature Joe and Eric Scheidler of the Pro-Life Action League. The presentation will be at 7:00 pm at Dakota Middle School.
Subsequent appearances featuring the Scheidlers are tentatively planned for the following day in Rapid City, but details are not yet available.
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