Bible Lawsuit Against Mechanicsburg Area School District

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Case 1:19-cv-00172-JEJ Document 1 Filed 01/30/19 Page 1 of 41
IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA
CHRISTIANS IN ACTION CLUB, a

student association at Mechanicsburg
Area Senior High School, by and
through L.B., parent and guardian of
B.B., a minor leader of the club; K.H.
and C.H., parents and guardians of T.H., Case No. ___________________
a minor leader of the club; and C.W and
E.W, parents and guardians of G.W. and
N.W., minor leaders of the club,
VERIFIED COMPLAINT FOR
Plaintiffs,
INJUNCTIVE AND DECLARATORY
RELIEF
v.
MECHANICSBURG AREA SCHOOL

Civil Rights Action (42 U.S.C. § 1983)
DISTRICT, SUPERINTENDENT
MARK LEIDY in his official capacity,
and PRINCIPAL DAVID HARRIS in
his official capacity,
Defendants.
VERIFIED COMPLAINT FOR

INJUNCTIVE AND DECLARATORY RELIEF
Now comes Plaintiffs, Christians in Action Club and student leaders, by and
through the parents of the leaders of the club and through counsel at Independence
Law Center, and avers the following:
INTRODUCTION
1. This a civil rights action under 42 U.S.C. § 1983, and the First and
1
Fourteenth Amendments to the United States Constitution, to remedy a
violation of the constitutional rights of the student members of Christians in
Action Club (“the Bible Club” or “the students”) by Mechanicsburg Area
School District (“MASD”) in Mechanicsburg, Pennsylvania.
2. The students challenge Defendant MASD’s facially unconstitutional
prohibition on student expression contained in Administrative Regulation
220-0, which is implementing Policy 220 (Student Expression/Distribution
and Posting of Materials). Administrative Regulation 220-0 contains
overbroad and unconstitutional time and place restrictions that impose a
complete ban on literature distribution during the school day.
3. Under Regulation 220-0, students are only allowed to distribute non-school
literature on “public sidewalks bordering school property” thirty minutes
before the start of school and thirty minutes after the end of school unless
the principal, in his discretion, determines otherwise.
4. Regulation 220-0 would thus prohibit a student from handing out invitations
to a birthday party, giving a friend a copy of an interesting magazine article,
sharing notes of encouragement with classmates, or even handing out pocket
Constitutions to commemorate Constitution Day at any time during the
school day.
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5. Under Regulation 220-0, students are given even fewer rights outside of the
school day than any average citizen, who is permitted under the U.S.
Constitution to distribute literature on any public sidewalk (which is the
quintessential traditional public forum) at any time during the day.
6. This policy, regulation, and student handbook are overbroad and
unconstitutionally grants unbridled discretion to Principal David Harris to
deny or approve any student distribution of written materials.
7. Principal Harris has not only been granted unbridled discretion by the
school, but he has wielded his unbridled discretion in a discriminatory
manner. To wit, at the beginning of the 2018 school year, he denied a
request by the Bible Club to post flyers advertising the time and location of
their club meetings despite granting requests from other school clubs to post
their flyers. He told the Bible Club students they would only be permitted to
post the flyers if they agreed to remove a Bible verse from the flyer. The
verse was Mark 16:15: “Go into all the world and preach the gospel to all
creation.” Only after involvement of counsel, did Principal Harris rescind his
denial.
8. Principal Harris again wielded his unbridled discretion in a discriminatory
manner when he denied the Bible Club’s request for permission to offer
3
Bibles to classmates during non-instructional time, specifically lunch. The
request was made well in advance of the day the students planned to offer
Bibles to classmates. But Principal Harris not only denied the students’
request to offer Bibles during lunch, he went further than the actual request
and stated broadly that students are “not permitted to handout Bibles during
the school day.” The principal’s denial email then invited the student to
submit another request “if he would like to request to distribute them outside
of the school day....”
9. Not only does MASD prohibit students from offering literature to other
students unless approved, without any written guidelines to restrain the
unbridled discretion of the principal, but it also completely prohibits students
from expressions that “[s]eek to establish the supremacy of a particular
religious denomination, sect or point of view.”
10. MASD prohibited the students in the Bible Club from offering the Bible to
their classmates during the school day’s non-instructional time pursuant to
its policies and practice.
11. Plaintiffs challenge the district’s policies, Administrative Regulations, and
Student Handbook, both facially and as applied.
12. The District’s censorship of Plaintiffs’ religious speech, and the Policies on
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which that censorship was based, violate the First and Fourteenth
Amendment to the United States Constitution, and the Pennsylvania Public
School Code 22 Pa. Code §12.9.
JURISDICTION AND VENUE
13. This action arises under the United States Constitution, particularly the First
and Fourteenth Amendments, and under federal law, particularly 28 U.S.C.
§§ 2201-2202 and 42 U.S.C. § 1983.
14. This Court possesses original jurisdiction over Plaintiffs’ claims by
operation of 28 U.S.C. §§ 1331 and 1343.
15. This Court is vested with authority to issue the requested declaratory relief
under 28 U.S.C. §§ 2201- 2202 and Federal Rule of Civil Procedure 57.
16. This Court has authority to award the requested injunctive relief under 28
U.S.C. § 1343(a)(3) and Federal Rule of Civil Procedure 65.
17. This Court is authorized to award nominal damages under 28 U.S.C. §
1343(a)(4).
18. This Court is authorized to award attorneys’ fees under 42 U.S.C. § 1988.
19. Venue is proper under 28 U.S.C. § 1391 in the Middle District of
Pennsylvania because the facts underlying this suit arose there and because
Defendant is located in the Middle District of Pennsylvania.
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IDENTIFICATION OF THE PARTIES
20. Christians in Action (“Bible Club”) is an association of students at
Mechanicsburg Area Senior High School (“MASH”) who have associated
together for the purpose of fellowship, growing in their relationship with
God and each other, serving together, and studying and sharing the Bible
and its principles with each other and other students at MASH. The Bible
Club is also an approved club by MASH.
21. The parents through whom this case is being brought, L.B., K.H., C.H.,
E.W., and C.W., are all parents of the leaders of the Bible Club.
22. Defendant Mechanicsburg Area School District is organized under the laws
of the State of Pennsylvania and may sue and be sued. 24 Pa. Cons. Stat. §
2-213 (“Each school district shall have the right to sue and be sued in its
corporate name.”).
23. The District is charged with and is responsible for the formulation, adoption,
implementation, and enforcement of District policies and practices,
including the policies challenged herein related to student speech and
literature distribution.
24. The District is charged with and responsible for the enforcement of its
policies and practices by its employees, including those related to student
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speech and literature distribution.
25. Dr. Mark Leidy (“Leidy”) is the Superintendent of MASD and is sued in his
official capacity.
26. David Harris (“Harris”) is the Principal of MASH, which is the high school
within MASD, and is sued in his official capacity.
ALLEGATIONS OF FACT
MASD POLICIES
REGARDING STUDENT RELIGIOUS EXPRESSION
27. Policy 220 and the Student Handbook provide that the board reserves for
itself the right to “designate and prohibit” student expression that it deems is
“not protected by the right of free expression.” Exhibit A, 2018-2019 Senior
High School Student Handbook, at 33; Exhibit B, Policy 220.
28. MASD Policy 220 states that
[s]tudent initiated religious expression is permissible and

shall not be prohibited except as to time, place and
manner of distribution, or if the expression involved
violates some other part of this policy, e.g., because it is
independently determined to be unprotected expression
under the standard and definitions of this policy.
Exhibit B, Policy 220.
29. Policy 220 and the Student Handbook both prohibit all expression that
“violates the rights of others,” and the Handbook defines “expression [that]
7
violate the rights of others” to include student expressions that “[s]eek to
establish the supremacy of a particular religious denomination, sect, or point
of view.” Exhibit A, 2018-2019 Senior High School Student Handbook, at
33. The Middle School and Elementary School handbooks both include the
same discriminatory language.
30. The students in the Bible Club, in light of their sincerely held religious
beliefs, desire to express their religious beliefs to interested classmates as
being true.
31. This prohibition of speech is both content-based and viewpoint-based
discrimination on its face in violation of the Free Speech Clause of the First
Amendment due to its censorship of certain “religious” messages. It also
prevents students from freely exercising their religion in violation of the
Free Exercise Clause of the First Amendment.
MASD POLICIES REGARDING

TIME AND PLACE RESTRICTIONS ON STUDENT SPEECH
32. MASD, by policy, alleges that it permits students to “express themselves in
word or symbol and to distribute materials as a part of that expression.”
Exhibit A; Exhibit B.
33. Policy 220 provides,
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Students have the right to express themselves unless such

expression is likely to or does materially or substantially
interfere with the educational process, including school
activities, school work, or discipline and order on school
property or at school functions; threatens serious harm to
the school or community; encourages unlawful activity;
or interferes with another’s rights.
Exhibit B.
34. Policy 220’s time and place restrictions state that
the board shall require that distribution and posting of

non-school materials occur only at the places and during
the times set forth in written administrative regulations.
Such regulations or procedures shall be written to permit
the orderly operation of schools, while recognizing the
right of students to engage in protected expression.
Id.
35. The time restrictions in the Administrative Regulations explicitly prohibit
students from any distribution of literature at any time during the school day.
36. District Administrative Regulation 220-0, which is not available in the
Student Handbook and does not appear to be available to students online,
states:
Students may only distribute nonschool materials at the

following times: Thirty (30) minutes before the official
start of school; Thirty (30) minutes after the official end
of school; and as otherwise designated by the building
principal in writing.
Exhibit C, Administrative Regulation 220-0.
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37. The principal has not designated any additional times in writing.
38. The place restrictions in the Administrative Regulations not only prohibit
any distribution of literature in or around the building, but designate that the
only place where students can offer literature to their classmates is where
every member of the general public already has the right to offer
literature—“public sidewalks bordering school property.” Id.
39. Specifically, the place restrictions state:
So as to allow for the normal flow of traffic within the

school and its exterior doors, the distribution of such
materials will be permitted only on public sidewalks
bordering school property. Building entrance walkways
and building lobbies will not be utilized for such
distribution. Distribution of nonschool materials in other
places will be permitted only upon receipt of written
permission from the building principal or designee.
Exhibit C, ¶ 6.
40. The principal has not designated any additional places in writing.
41. In fact, in addition to being an unconstitutional place restriction for MASD
to limit distribution to “public sidewalks bordering school property,”
Administrative Regulation 220-0’s requirement that students ask permission
and get pre-approval to hand out materials on the public sidewalks bordering
school property outside of the school day constitutes an unconstitutional
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prior restraint on speech in a quintessential public forum. MASD has taken
away student speech rights in the school and even seeks to regulate their
speech rights during non-school hours on public sidewalks that every
member of the general public possesses.
42. The Bible does not fit into the narrow constitutional exceptions of speech
that can be restricted in public schools, like lewd speech or that which
encourages illegal drug use.
43. Prohibiting the offering of Bibles to fellow students (or a copy of any piece
of literature for that matter, including the Constitution) during the entirety of
the school day and anywhere on the inside of the building at any time of day
is not necessary to protect against any substantial disruption of school
operations or necessary to prevent interference with the rights of others.
44. Such an excessive prohibition on speech violates all students’ First
Amendment rights, not just the students involved in this lawsuit, and does
not give the students the opportunity to reach fellow students.
45. Even a cursory review of MASD policies and the Student Handbook reveals
there are plenty of non-instructional times where students should be free to
offer literature because it would not create a material and substantial
disruption to the instructional activities.
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46. Students may already congregate together and talk during these
non-instructional times, and allowing students to distribute non-school
materials during these same non-instructional times would not result in a
material and substantial disruption.
47. District Policy 122 explicitly designates lunch as a “non-instructional time”
where student clubs could even hold meetings should they desire. Exhibit D,
section labeled “Equal Access Act.”
48. Policy 122 also designates “before actual classroom instruction begins or
after actual classroom instruction ends” as being “non-instructional times.”
Id.
49. All students at MASH are located in the same building and share several
common areas, including a cafeteria, lobby, courtyard, and hallways.
50. Sophomore, Junior, and Senior students who meet certain criteria have
access to another common area known as the “student commons,” as well as
the adjacent courtyard when the weather is favorable, where eligible students
can congregate instead of attending a study hall as per the Student
Handbook. See Exhibit E, Student Handbook, at 18.
51. “During the lunch period, [students] may move freely within the cafeteria”
as per the Student Handbook. In addition, “[i]f the weather is favorable,
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students may use the adjacent (outside) courtyard.” Exhibit F, Student
Handbook, at 15.
52. Students, including but not limited to those in the Bible Club, have obtained
permission to set up tables during lunch for the purpose of having students
come up to the table and interact or sign banners, which occurs without any
substantial disruption.
MASD SPEECH-DISTRIBUTION POLICIES VESTING THE PRINCIPAL WITH UNBRIDLED

DISCRETION
53. District Policy 220, Administrative Regulation 220-0, and the Student
Handbook all give unconstitutional unbridled discretion to the building
principals or designee.
54. Policy 220’s time and place restrictions do not specify any time or place
other than generically stating:
[T]he board shall require that distribution and posting of

Exhibit B.
55. District Administrative Regulation 220-0 gives unbridled discretion to the
building principal: “Students may only distribute nonschool materials at the
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following times: Thirty (30) minutes before the official start of school;
Thirty (30) minutes after the official end of school; and as otherwise
designated by the building principal in writing.” Exhibit C, Administrative
Regulation 220-0 (emphasis added).
56. Neither Policy 220 nor the Student Handbook contain any writing
designating any “otherwise designated” times where students would be
permitted to distribute literature to classmates.
57. The Student Handbook states in relevant part:
Students are not permitted to distribute outside literature

at any time on school property unless they have the
consent of the building principal. . . . If consent is given,
the time and location for distribution will be determined
according to district policy.
Exhibit G, High School Handbook, p. 20 (Distribution of Materials).
58. Similar to the unbridled discretion given as to time, the school restrictions on
place also give unbridled discretion. The restrictions state in relevant part:
[M]aterials will be permitted only on public sidewalks

bordering school property. Building entrance walkways
and building lobbies will not be utilized for such
distribution. Distribution of nonschool materials in other
places will be permitted only upon receipt of written
permission from the building principal or designee.
Exhibit C, Administrative Regulation 220-0 (emphasis added).
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59. Neither Policy 220 nor the Student Handbook contain any writing
designating any other “otherwise designated” places where students would
be permitted to distribute literature to classmates.
60. The District’s policies lack any guidelines or directives to guide the
decisions of District officials when approving or denying literature sought to
be distributed by students.
61. The discretion given to District officials in the District’s policies leave
censorship of student speech to the whim of District officials.
62. The unbridled discretion given to District officials constitutes a violation of
the Free Speech Clause of the First Amendment.
63. The District’s policies and practice impose an unconstitutional prior restraint
because they vest District officials with unbridled discretion to permit or
refuse protected speech by students.
64. The District’s policies and practice are overbroad because they sweep within
their ambit all literature protected by the First Amendment and chill the
speech of students who might seek to engage in private religious expression
through distribution of literature.
THE APPLICATION OF THE FACIALLY UNCONSTITUTIONAL POLICIES

AND THE EXERCISE OF UNBRIDLED DISCRETION
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65. Principal Harris has not only been granted unbridled discretion by the
school, but he has previously wielded his unbridled discretion in a
discriminatory manner.
66. At the beginning of the 2018-19 school year, he denied a request by the
Bible Club to post flyers advertising the time and location of their club
meetings despite granting requests from other school clubs to post their
flyers. Exhibit H, flyer.
67. He told the Bible Club students they would only be permitted to post the
flyers if they agreed to remove a Bible verse from the flyer.
68. The verse was Mark 16:15: “Go into all the world and preach the gospel to
all creation.”
69. Only after involvement of counsel did Principal Harris rescind his denial.
70. He wielded his unbridled discretion again on or about November 8th.
71. The students in the Bible Club sent a request to their teacher advisor on
November 5, 2018, and their teacher adviser, sent the request to Principal
Harris on November 8, 2018 requesting permission to offer Bibles to
interested fellow students at lunch from their gratefulness table, as the Bible
was something the students were thankful for. Exhibit I, request and denial
emails.
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72. The students had also requested to have a table at lunch for what they called
“Gratefulness Week,” where fellow students could come up to the table to
sign a poster stating what they are grateful for; the Bible Club students
would then offer them a Bible. Id.
73. These requests were made well in advance of the planned event.
74. The students were approved to set up a table at lunch, display a poster, and
allow students to stop by the table and sign the poster. Id.
75. But the request to offer Bibles during that same time and at the same
location during lunch was denied by email. Id.
76. The building principal, Mr. Harris, not only denied their request to distribute
Bibles during lunch, which occurred well in advance of the planned
distribution, but went further than the actual request and stated broadly they
are “not permitted to handout [sic] Bibles during the school day.” Id.
77. Principal Harris’ email denying their request to offer Bibles to classmates at
lunch reads in full:
[Bible Club Teacher Advisor],
Please inform him that he is not permitted to handout

[sic] Bibles during the school day. Like other literature if
he would like to request to distribute them outside of the
school day, he may submit a request which will be
reviewed in accordance with district policy and case law.
At that time, a decision will be rendered. In addition to
17
relevant case law, district policy #220 provides some

guidelines. Please feel free to share this with [the
student] or to review it with him as you see fit.
Thank you,
Dave [Harris]
78. The Bible Club teacher advisor provided Principal Harris’ denial email to
the students as Principal Harris requested and reiterated to the students
“[y]our other request to distribute Bibles was not accepted.” Id.
79. Students distribute literature and other non-school materials with various
types of secular messages including, but not limited to, notes, party
invitations, and flyers during non-instructional times.
80. Exercising his unbridled discretion, Principal Harris either expressly
authorizes such distributions or declines to discipline students for engaging
in unauthorized distributions of non-school materials.
81. Students and student groups, including but not limited to the Bible Club,
have obtained permission to set up tables during lunch.
82. Other student clubs have sold items such as t-shirts, tickets, candy grams,
and handed out items such as candy, stickers, and ribbons. While it’s not
clear at this point whether the school gave permission to do so, those
distributions have not disrupted any school operations.
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83. On December 31, 2018, counsel for the students sent a letter to MASD
Superintendent, Solicitor, and Board Secretary asking that they permit the
students to offer Bibles to classmates during the school day at lunch, a
non-instructional time.
84. Mr. Harris’ initial denial email and later statements by the school continue to
show that the only time they will permit distribution of Bibles is before or
after school on the “public sidewalks bordering school property” based on
school policy.
85. For example, the Superintendent, Mark Leidy, sent a press release to NBC
channel 8, WGAL, which states in relevant part:
MASD respects the rights of students to express

themselves and distribute materials. MASD also
recognizes that exercise of that right must be limited by
the District’s responsibility to maintain an orderly school
environment and to protect the rights of all members of
the school community. Accordingly, students do have the
right to distribution of non-school materials prior to the
start of the school day and after the end of the school day
if they develop a plan for time, place and manner of
distribution that is reviewed and approved by the
administration.
Exhibit J, MASD Press Release January 4, 2019 (emphasis added).
86. One Bible Club student leader, as well as counsel, spoke at the MASD
School Board meeting on January 8, 2019, and another Bible Club student
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leader had his statement read into the record, requesting the school change
the policy and practice and permit them to offer Bibles to classmates during
the school day at non-instructional times. Specifically the students explained
that they were already given permission to sit at a table at lunch during the
Bible Club’s Gratefulness Week activity where interested students could
come up and sign a gratefulness poster. This was not substantially disruptive
to the educational environment. The students told the board they simply
wanted to offer Bibles to interested students who came up to the Bible
Club’s Gratefulness table during lunch.
87. On the chance that MASD might alter its policies and back away from their
complete prohibition during the school day, counsel for the Bible Club
students sent a letter to the School’s attorney on January 10, 2019. The letter
asked in relevant part:
A) if what Mr. Harris said is not accurate, and students do in

fact have the ability to distribute Bibles sometime during
the school day, then let us know. We would love to hear
from you when those times are, so the students can
exercise their free speech rights to distribute Bibles to
fellow students.
B) if what Mr. Harris said is accurate, and students are “not

permitted to handout Bibles during the school day” then
please let us know that as well.
Exhibit K.
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88. Counsel for MASD chose not to respond to that request, and instead simply
restated that the students can re-apply and distribute non-school materials
based on their policies, which, as set forth above, are facially
unconstitutional.
89. The Bible Club students continue to desire to offer Bibles to interested
students in the cafeteria during non-instructional time.
90. The Bible Club students desire school policies and procedures to be changed
so that their speech and other student speech, including distribution of
literature, is protected during the school day and protected on school
property.
91. The Bible Club students desire the unbridled discretion vested in the
principal in Policy 220, its regulations, and student handbooks be eliminated.
92. The Bible Club students also ask that the content and viewpoint prohibition
of certain forms of religious speech be eliminated.
ALLEGATIONS OF LAW
93. All of the acts of MASD, Leidy, and Harris were executed and are
continuing to be executed under the color of state law.
94. The Bible Club has no adequate or speedy remedy at law to correct the
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deprivation of its rights.
95. Unless MASD’s literature distribution policy and practice are enjoined, the
Bible Club students, as well as all other students in the school, will continue
to suffer irreparable injury.
96. The loss of the students’ First Amendment freedoms, for even a minimal
period of time, unquestionably constitutes irreparable injury.
FIRST CAUSE OF ACTION

FACIAL VIOLATION OF THE FREE SPEECH CLAUSE OF
THE FIRST AMENDMENT TO THE U.S. CONSTITUTION
Narrow tailoring, overbreadth, lack of ample alternatives
97. The above paragraphs are reincorporated as if fully set forth herein.
98. The First Amendment’s Freedom of Speech Clause, incorporated and made
applicable to the states by the Fourteenth Amendment to the United States
Constitution, prohibits the government from banning expression.
99. The Free Speech Clause prohibits schools from limiting student speech
unless such speech would substantially interfere with the orderly operation
of the school. See Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S.
503, 505 (1969); K.A. v. Pocono Mt. Sch. Dist., 710 F.3d 99 (3d Cir. 2012).
100. Any valid time or place regulations on the distribution of literature may only
22
be upheld when narrowly tailored to a school’s interest in the orderly
operation of schools and where ample alternatives to speech are upheld. See
Gregoire v. Centennial Sch. Dist., 907 F.2d 1366, 1382 (3d Cir. 1990).
101. MASH’s Policy 220 states that
the board shall require that distribution and posting of

Exhibit B (emphasis added).
102. The time restrictions in the Administrative Regulations explicitly prohibit
students from any distribution of literature at any time during the school day.
103. District Administrative Regulation 220-0, states:
Students may only distribute nonschool materials at the

following times: Thirty (30) minutes before the official
start of school; Thirty (30) minutes after the official end
of school; and as otherwise designated by the building
principal in writing.
Exhibit C, at 2.
104. The principal has not designated any additional times in writing.
105. The place restrictions in the Administrative Regulations state that
distribution
will be permitted only on public sidewalks bordering
23
school property. Building entrance walkways and

building lobbies will not be utilized for such distribution.
Distribution on non school materials in other places will
be permitted only upon receipt of written permission
from the building principal or designee.
Id.
106. The principal has not designated any additional places in writing.
107. The only place where students may distribute literature is where every
member of the general public already has the right to offer literature, “public
sidewalks bordering school property.” Id.
108. In fact, in addition to being overbroad and an unconstitutional time and place
restriction for MASD to limit distribution to “public sidewalks bordering
school property,” Administrative Regulation 220-0’s requirement that
students ask permission and get pre-approval to hand out materials on the
public sidewalks bordering school property outside of the school day,
MASD has taken away student speech rights in the school and even seeks to
regulate their speech rights during non-school hours on public sidewalks that
every member of the general public possesses. Given that it is
unconstitutional to place prior restraints on the general public on public
sidewalks, MASD cannot place such prior restraints on students during
non-school hours on those same sidewalks.
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109. The policies are overbroad and encompass anything written or printed for
general distribution, including cards, notes, messages, invitations to
graduation or birthday parties, and even personal websites and internet
bulletin boards. Exhibit B.
110. Such restrictions on speech—entirely prohibiting distribution during the
school day and entirely prohibiting it anywhere but “public sidewalks
bordering school property[,]” at any time of day—is an extremely overbroad
restriction on speech that prohibits a substantial amount of protected student
speech that is not necessary to prevent substantial disruption or interference
with the work of the school or rights of other students. See Saxe v. State
College Area Sch. Dist. 240 F.3d 200, 216 (3d. Cir. 2001).
111. Prohibiting the distribution of materials at lunch, for instance, which is a
non-instructional time, does not advance this interest because such
distributions would not create a material and substantial disruption to the
operation of the school.
112. This extraordinarily broad prohibition on the distribution of literature is
contrary to both caselaw and Pennsylvania law.
113. Schools cannot limit a student’s ability to hand out literature to outside of
the school building and outside of school hours. See Thompson v.
25
Waynesboro Area Sch. Dist., 673 F. Supp. 1379, 1380, 88 (M.D. Pa. 1987);
see also Slotterback v. Interboro Sch. Dist., 766 F. Supp. 280, 299 (E.D. Pa.
1991).
114. Pennsylvania law makes clear that schools may limit the “time and place of
distribution of materials so that distribution would not materially or
substantially interfere with the requirements of appropriate discipline in the
operation of the school.” 22 Pa. Code § 12.9(i).
115. “A proper time and place set for distribution is one that would give the
students the opportunity to reach fellow students.” § 12.9(i)(1).
116. Entirely prohibiting distribution at any time or place during the school day,
and at any place other than the “public sidewalks bordering school property”
outside of school hours does not give ample opportunity to reach fellow
students. Some students leave early, others go directly to cars and buses.
Pushing students to the edge of campus not only fails to give ample
opportunity, it almost completely prevents personal interactions.
117. “The place of the activity may be restricted to permit the normal flow of
traffic within the school and at exterior doors.” § 12.9(i)(2).
118. The normal flow of traffic within the school will not be impeded by
distribution from a table in the school cafeteria, for instance.
26
119. Nor would the normal flow of traffic at lunch be impeded by an individual
offering literature to another student in the cafeteria or in the student
commons where students are already permitted to walk around freely, for
instance.
120. In fact, distribution of literature is inherently less disruptive than spoken
expression. United States v. Kokinda, 497 U.S. 720, 734 (1990).
121. Policy 220 in conjunction with District Administrative Regulation 220-0 are
facially unconstitutional in that, absent an arbitrary exception granted by the
principal, they completely prohibit any distribution in school or even outside
of school during school hours.
WHEREFORE, Plaintiffs respectfully prays that the Court grant the relief
set forth hereinafter in the Prayer for Relief.
SECOND CAUSE OF ACTION

THE FIRST AMENDMENT AND TO THE U.S. CONSTITUTION
unbridled discretion
123. District Administrative Regulation 220-0 grants discretion to the school
principal to override its draconian prohibition of any literature distribution in
the school or during school hours.
27
124. This discretion does not solve any constitutional infirmity, but instead vests
the school principal with unbridled discretion to ban literature distribution
without any standards.
125. It is violative of the free speech clause to grant unbridled discretion to a
government official to permit or deny the opportunity to speak. See
Shuttlesworth v. Birmingham, 394 U.S. 147 (1969); Slotterback v. Interboro
Sch. Dist., 766 F. Supp. 280, 299 (E.D. Pa. 1991).
126. Policy 220 in conjunction with District Administrative Regulation 220-0
gives unbridled discretion to the principal to permit distribution of literature
he favors inside the school and during school hours or to push literature he
dislikes to the sidewalk outside of school hours.
127. Policy 220 in conjunction with District Administrative Regulation 220-0 and
the Student Handbook are facially unconstitutional.
WHEREFORE, Plaintiff respectfully prays that the Court grant the relief set
forth hereinafter in the Prayer for Relief.
THIRD CAUSE OF ACTION

viewpoint discrimination, overbreadth
28
129. Policy 220 and the Student Handbook provide that the board reserves for
itself the right to “designate and prohibit” student expression that it deems is
“not protected by the right of free expression.” Exhibit A, 2018-2019 Senior
High School Student Handbook, at 33; Exhibit B, Policy 220.
130. MASD Policy 220 states that
[s]tudent initiated religious expression is permissible and

shall not be prohibited except as to time, place and
manner of distribution, or if the expression involved
violates some other part of this policy, e.g., because it is
independently determined to be unprotected expression
under the standard and definitions of this policy.
Exhibit B, Policy 220.
131. Policy 220 and the Student Handbooks prohibit all expression that “violates
the rights of others,” and the Student Handbooks all define “expression
[that] violate the rights of others” as expressions that “[s]eek to establish the
supremacy of a particular religious denomination, sect, or point of view.”
Exhibit A. The Middle School and Elementary School handbooks both
include the same discriminatory language.
132. This prohibition of speech is not only content-based but viewpoint-based
discrimination in violation of the Free Speech Clause of the First
Amendment due to specifically censoring religious messages or points of
29
view.
133. “Viewpoint discrimination is thus an egregious form of content
discrimination. The government must abstain from regulating speech when
the specific motivating ideology or the opinion or perspective of the speaker
is the rationale for the restriction.” Rosenberger v. Rector & Visitors of the
Univ. of Va. , 515 U.S. 819, 829 (1995).
134. “[S]peech discussing otherwise permissible subjects cannot be excluded . . .
on the ground that the subject is discussed from a religious viewpoint.”
Good News Club v. Milford Cent. Sch., 533 U.S. 98, 112 (2001); see also
Johnston-Loehner v. O’Brien, 859 F. Supp. 575, 579 (M.D. Fla. 1994)
(striking down a policy that allowed school officials to screen out religious
materials: “It is also beyond dispute that the restraint is based on content, for
only after reviewing content does the school decide whether particular
materials may be disturbed.”).
135. This prohibition of speech is also unconstitutional based on its overbreadth.
136. School policies that prohibit expressions that “‘seek to establish the
supremacy of a particular religious denomination, sect or point of view’
[are] overbroad.” Miller v. Penn Manor Sch. Dist. , 588 F. Supp. 2d 606, 628
(E.D. Pa. 2008); Slotterback v. Interboro School Dist., 766 F. Supp. 280,
30
296-97 (E.D. Pa. 1991) (such a ban at the elementary level is also
unconstitutional on its face).
FOURTH CAUSE OF ACTION

FACIAL VIOLATION OF THE FREE EXERCISE CLAUSE OF
138. The District’s prohibition of expressions that “[s]eek to establish the
supremacy of a particular religious denomination, sect, or point of view”
prevents students from freely exercising their religion in violation of the
Free Exercise Clause of the First Amendment.
139. The students in the Bible Club, in light of their sincerely held religious
beliefs, desire to express their religious beliefs to interested classmates as
being true.
140. The discriminatory prohibition of religious speech is neither neutral nor of
general applicability.
141. The policy unconstitutionally burdens the students’ right to freely exercise
their religion.
142. The policy selectively imposes a burden on expression based on the religious
31
nature of the expression by singling out the religious expression for
discriminatory treatment.
143. The policy chills students’ freedom of religious expression and exercise,
both of which are fundamental rights guaranteed by the First Amendment.
FIFTH CAUSE OF ACTION

VIOLATION OF THE FREE SPEECH CLAUSE OF THE FIRST
AMENDMENT TO THE UNITED STATES CONSTITUTION,
AS APPLIED
145. Read in conjunction, Policy 220, Administrative Regulation 220-0, and the
Student Handbook limit the time for student opportunity to distribute
literature to classmates to thirty minutes before and after school and limit the
place to the public sidewalk bordering school property outside of the school
building.
146. These policies, however, vest authority in the principal, in this case Principal
Harris, to exercise unbridled discretion to allow distribution of literature at
sometime other than the public sidewalks bordering school property 30
minutes before and 30 minutes after school.
32
147. However, no district policy or MASH policy gives any guidelines to
Principal Harris in determining other times, places, or manners for literature
distribution.
148. This policy unconstitutionally grants unbridled discretion to Principal David
Harris, and other building principals at MASD, to deny or approve any
student distribution of written materials.
149. The unbridled discretion given to Building Principals at MASD invites
arbitrary and discriminatory enforcement and allows them to grant favorable
times and places to favored speech and to relegate speech they do not favor
to outside of the school day on the public sidewalks bordering school
property.
150. The unbridled discretion also allows officials to conceal such censorship
through post hoc rationalizations and the use of shifting or illegitimate
criteria.
151. Principal Harris, has not only been granted unbridled discretion by the
school, but he has wielded his unbridled discretion in a discriminatory
manner. To wit, at the beginning of the 2018 school year, he denied a
request by the Bible Club to post flyers advertising the time and location of
their club meetings despite granting requests from other school clubs to post
33
their flyers. He told the Bible Club students they would only be permitted to
post the flyers if they agreed to remove a Bible verse from the flyer. See
Exhibit H, Club Flyer.
152. The verse was Mark 16:15: “Go into all the world and preach the gospel to
all creation.” Only after involvement of counsel, did Principal Harris rescind
his denial.
153. Principal Harris again wielded his unbridled discretion in a discriminatory
manner when he denied the Bible Club’s request for permission to offer
Bibles to classmates during non-instructional time, specifically lunch. The
request was made well in advance of the day the students planned to offer
Bibles to classmates. But Principal Harris not only denied the students’
request to distribute Bibles during lunch, he went further than the actual
request and stated broadly the students are “not permitted to handout Bibles
during the school day.”
154. The principal’s denial email then invited the student to submit another
request “if he would like to request to distribute them outside of the school
day....”
155. Even though the overbroad policies encompass anything written or printed
for general distribution, including include cards, notes, messages, invitations
34
to graduation or birthday parties, and even personal websites and internet
bulletin boards, on information and belief, distributions by students have
occurred without intervention or punishment.
156. As alleged previously, the Bible Club’s offering Bibles during lunch hour, a
non-instructional time of the school day, would not materially and
substantially interfere with the orderly conduct of educational activity within
the school.
157. Prohibiting the offering of Bibles, or any other written material for that
matter, to fellow students during the entirety of the school day and anywhere
on the inside of the building is not necessary to protect against any
substantial disruption of school operations or necessary to prevent
interference with the rights of others.
158. Such an excessive prohibition on speech violates all students’ First
Amendment rights, not just the students involved in this lawsuit, and does
not give the students the opportunity to reach fellow students.
159. These prior denials by Principal Harris, along with the overbreadth of the
MASH’s literature distribution policy and practice, chills the speech of
Plaintiffs and third party students who might seek to engage in private
expression through the distribution of written materials during
35
non-instructional time.
160. MASH’s literature distribution policy and practice, as applied, violates the
individual student’s and Bible Club’s right to Free Speech as guaranteed by
the First Amendment to the United States Constitution.
WHEREFORE, Plaintiffs respectfully prays that the Court grant the
relief set forth hereinafter in the Prayer for Relief.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully prays for judgment as follows:
a. That this Court issue a Preliminary and Permanent Injunction,
restraining MASD, its officers, agents, employees, and all other persons
acting in active concert with it, from enforcing MASD’s literature
distribution policy;
b. That this Court render a Declaratory Judgment, declaring MASD’s
literature distribution policy and practice unconstitutional, facially and
as-applied, pursuant to the First Amendment to the United States
Constitution;
c. That this Court adjudge, decree, and declare the rights and other legal
relations of the parties to the subject matter here in controversy, in order that
such declarations shall have the force and effect of final judgment;
36
d. That this Court retain jurisdiction of this matter for the purpose of
enforcing any Orders;
e. That the Court award the students’ costs and expenses of this action,
including a reasonable attorneys’ fees award, in accordance with 42 U.S.C. §
1988;
f. That this Court award nominal damages for the violation of the
students’ constitutional rights;
g. That this Court issue the requested injunctive relief without a
condition of bond or other security being required of the Bible Club; and
h. That the Court grant such other and further relief as the Court deems
equitable and just in the circumstances.
37
Case 1:19-cv-00172-JEJ Document 1-2 Filed 01/30/19 Page 1 of 1
CHRISTIANS IN ACTION CLUB, ET AL V. MECHANICSBURG

AREA SCHOOL DISTRICT, ET AL; UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EXHIBIT - TABLE OF CONTENTS
Exhibit A - Page 33 of 2018-2019 Senior High School Student Handbook...1
Exhibit B - District Policy 220........................................................................3
Exhibit C - District Administrative Regulation 220-0....................................8
Exhibit D - District Policy 122, Section on Equal Access Act.....................13
Exhibit E - Page 18 of 2018-2019 Senior High School Student Handbook.19
Exhibit F - Page 15 of 2018-2019 Senior High School Student Handbook..21
Exhibit G - Page 20 of 2018-2019 Senior High School Student Handbook.23
Exhibit H - Flyer...........................................................................................25
Exhibit I - Request and denial emails............................................................27
Exhibit J - MASD Press Release January 4, 2019........................................32
Exhibit K - Counsel letter to MASD Counsel January 10, 2019..................34

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7. Clothing that presents a safety hazard, interferes with the educational process, or has the potential to cause a
disruption will not be allowed.
8. Coats, gloves, hats, sunglasses and outerwear jackets must be kept in student lockers throughout the day.
Exceptions to this rule may be made by the administration.
9. Clothing with slogans/pictures displaying or suggesting the use of tobacco, weapons, alcohol, drugs, obscene
language, sexual innuendos, lewd or illegal behavior or which is derogatory to any person/group for reasons of
race, religion, disability, age, gender, national origin, or sexual orientation in violation of civil rights laws
prohibiting harassment or discrimination is not permitted.
10. Clothing with ornamentation that will scratch or mark furniture or presents possible danger of injury to the wearer
or others (chains, spiked wrist bands, studded bracelets or belts, etc.) may not be worn.
FLAG SALUTE
It is a daily practice that we pledge our allegiance to our country’s flag.

Recent court rulings have dictated, however, that the flag salute cannot
be mandated. A student who chooses not to participate in the pledge
ceremony may remain seated quietly or may stand and face forward.
Students that choose to turn around, talk, put their head down, or
otherwise be disruptive/disrespectful are subject to disciplinary
consequences.
STUDENT EXPRESSION (MASD Board Policy #220)

The Board respects the rights of students to express themselves in word or symbol and to distribute materials as a part of that
expression, but it also recognizes that the exercise of that right must be limited by the district's responsibility to maintain an
orderly school environment and to protect the rights of all members of the school community.
The Board reserves the right to designate and prohibit manifestations of student expression which are not protected by the right
of free expression because they violate the rights of others. Such expressions are those which:
1. Libel any specific person or persons.
2. Seek to establish the supremacy of a particular religious denomination, sect or point of view.
3. Advocate the use or advertise the availability of any substance or material which is illegal or may reasonably be
believed to constitute a direct and substantial danger to the health of students.
4. Are lewd, vulgar or obscene or contain material deemed to be harmful to impressionable students who may
receive them.
5. Incite violence, advocate use of force, or urge violation of law or school regulations.
6. Solicit funds for non-school organizations or institutions when such solicitations have not been approved by the
Board.
7. Causes substantial disruption or a well-placed fear of substantive disruption to the school environment.
2
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Exhibit C
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D
Exhibit D
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D
Book Policy Manual
Section 100 Programs
Title Extracurricular Activities
Code 122
Status Active
Adopted August 10, 1999
Last Revised December 11, 2012
Purpose
Extracurricular activities are of value in enhancing the intellectual, social, financial, professional,
physical, and spiritual development of their members and can occupy an important place in the lives of
students.
The following objectives should serve as a guide for extracurricular activities:
1. To prepare the student for active life in a democracy.
2. To make him/her increasingly self-directed.
3. To teach social cooperation.
4. To increase the interest of the student in the school.
5. To develop school morale.
6. To discover and develop special qualities and abilities.

Definition
For purposes of this policy, extracurricular activities shall be those programs which are sponsored or
approved by the Board and are conducted wholly or partly outside the regular school day; marked by
student participation in the processes of initiation, planning, organizing, and execution; and equally
available to all students, including home education, charter and cyber education, who voluntarily elect
to participate.[1]
For purposes of this policy, an athletic activity shall mean all of the following:[2][3]
1. An athletic contest or competition, other than interscholastic athletics, that is sponsored by or

associated with the school, including cheerleading, club-sponsored sports activities and sports
activities sponsored by school-affiliated organizations.
2. Noncompetitive cheerleading that is sponsored by or associated with the school.
3. Practices, interschool practices and scrimmages for all athletic activities.

Authority
The Board shall make school facilities, supplies and equipment available and shall assign staff members
for the support of programs of extracurricular activities for students. Such availability and assignment
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shall be in accordance with the Equal Access Act.[4][5][7][16]
D
The Board encourages secondary level students to pursue clubs and interests that may not be related
directly to any of the curriculum programs offered in the district. In pursuit of such goal and in
compliance with law, the Board maintains a limited open forum in which secondary students may meet
for voluntary student-initiated activities unrelated directly to the curriculum, regardless of the religious,
political, philosophical or content of the speech related to such activities.
Any extracurricular activity shall be considered under the sponsorship of this Board when it has been
approved by the Board upon recommendation of the Superintendent.
The Board shall maintain the program of extracurricular activities at no cost to participating students,
except that the Board’s responsibility for provision of supplies shall carry the same exemptions as listed
in the Board’s policy on regular school supplies.[6]
Each activity, through an organization or association, will contribute 10% to the district allocated
operating expenses of that activity for all extra-curricular activities to which the district contributes
$1000 or more to the operating costs.
The Board directs that students participating in extracurricular activities must:[7]
1. Meet the requirements for academic eligibility. Students participating in extracurricular activities
must maintain a passing grade in at least four (4) full-credit subjects or the equivalent.
2. Comply with the requirements of the Code of Student Conduct and established standards for
student participation in extracurricular activities, as well as Board policies and administrative
regulations.[8]
3. Attend school regularly.
4. Be in attendance on the day of the practice, contest or public performance for the hours required.
5. Return all school equipment at the conclusion of the activity/season. Equipment will not be issued
for the next season until all previous issued equipment has been returned.
Off-Campus Activities
The Board shall be informed of all overnight or out-of-state trips approved by the
Superintendent. Students on extracurricular trips remain under the supervision and responsibility of this
Board and are subject to its rules and regulations.[17]
This policy shall also apply to student conduct that occurs off school property and would otherwise
violate the Code of Student Conduct if any of the following circumstances exist:[8]
1. The conduct occurs during the time the student is traveling to and from school or traveling to and
from school-sponsored activities, whether or not via school district furnished transportation.
2. The student is a member of an extracurricular activity and has been notified that particular off-
campus conduct could result in exclusion from such activities.
3. Student expression or conduct materially and substantially disrupts the operations of the school,
or the administration reasonably anticipates that the expression of conduct is likely to materially
and substantially disrupt the operations of the school.
4. The conduct has a direct nexus to attendance at school or a school-sponsored activity, for
example, a transaction conducted outside of school pursuant to an agreement made in school that
would violate the Code of Student Conduct if conducted in school.
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5. The conduct involves the theft or vandalism of school property.
D
6. There is otherwise a nexus between the proximity or timing of the conduct in relation to the
student’s attendance at school or school-sponsored activities.
Delegation of Responsibility
Each school year, prior to participation in an athletic activity, every student athlete and his/her
parent/guardian shall sign and return the acknowledgement of receipt and review of the following.[9]
[10][11][12]
1. Concussion and Traumatic Brain Injury Information Sheet.
2. Sudden Cardiac Arrest Symptoms and Warning Signs Information Sheet.

The Superintendent or designee shall develop administrative regulations to implement the
extracurricular activities program. Administrative regulations shall serve as guidance to coaches,
advisors and sponsors or extracurricular activities. All student groups shall adhere to Board policy and
administrative regulations.
Guidelines
Guidelines shall ensure that the program of extracurricular activities:
1. Assesses the needs and interests of and is responsive to the district students.
2. Involves students in developing and planning extracurricular activities.
3. Ensures provision of competent guidance and supervision by staff.
4. Guards against exploitation of students.
5. Provides a variety of experiences and diversity of organizational models.
6. Provides for continuing evaluation of the program and its components.
7. Ensures that all extracurricular activities are open to all students and that all students are fully
informed of the opportunities open to them.[1][14]
Dues
All students should have the opportunity to participate in extra class activities of their choice, therefore
the amount of dues established by any organization should in no way restrict a student's choice of
activity.
Funds
The funds of all clubs and organizations must be deposited and disbursed through the district Business
Office.[15]
Projects
The projects of any club or organization must be evaluated in terms of the objectives or functions for
which the organization has been established.
Projects of any club or organization must have the approval of the building principal. In any event that
fund raising as deemed necessary to support an approved project, the club or organization must have
the specific fund raising activity approved according to school policy.
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Sunday Activities
D
The interscholastic athletic program and other extra-curricular activities provide students with an
opportunity to acquire skills and knowledge, and develop attitudes that can not be effectively realized
during the regular school day. Because these activities occur at times other than when school is in
session, there is difficulty in assuring that the time commitment required of the students is not
excessive. In the area of curricular activities the district has established a homework policy and priority
testing day policy to assure some balance in the demands placed on the student's personal time. To this
same end, the district feels an obligation to the student and his/her parent(s) or guardian(s) to assure
there will not be unrealistic expectations placed upon those who elect to participate in school sponsored
extra-curricular or co-curricular activities.
In keeping with the standards of the community relative to the generally accepted definition of the
"work week", and the acknowledgement of the "weekend" as the period when the family unit has time
for commonly planned activities, it is the intent of this district to assure that, whenever possible, no
mandated or organized activities be scheduled on Sundays. Any exception to this policy must be
approved in advance by the building Principal and Superintendent. This policy provides that students will
have a guaranteed minimum of one day per week away from the rigors of athletic practice and
competition or rehearsals. The policy also protects the economic interests of the school district by
eliminating the necessity to employ additional custodial services for Sunday practices or contests.
Finally, the policy will assure a respite for those who provide support for the extra-curricular activities,
i.e, custodial and maintenance staff, athletic trainers, administrative personnel, etc.
Equal Access Act
The district shall provide secondary students the opportunity for non-curriculum related student groups
to meet on the school premises during non-instructional time for the purpose of conducting a meeting
within the limited open forum on the basis of the religious, political, philosophical, or other content of
the speech at such meetings. Such meetings must be voluntary, student-initiated, and not sponsored in
any way by the school, its agents or employees. Non-instructional time is the time set aside by the
school before actual classroom instruction begins or after actual classroom instruction ends or during
lunch.[16]
The meetings cannot materially and substantially interfere with the orderly conduct of the educational
activities in the school.
The Superintendent or designee shall establish the length of sessions, number per week, and other
limitations felt reasonably necessary.
The district retains the authority to maintain order and discipline on school premises to protect the well-
being of students and employees and to ensure that attendance of students at such meetings is
voluntary.
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D
Legal 1. 22 PA Code 12.1
2. 24 P.S. 5322
3. 24 P.S. 5332
4. Pol. 103
5. Pol. 103.1
6. Pol. 110
7. 24 P.S. 511
8. Pol. 218
9. 24 P.S. 5323
10. 24 P.S. 5333
11. Pol. 123.1
12. Pol. 123.2

14. 22 PA Code 12.4
15. Pol. 618
16. 20 U.S.C. 4071 et seq
17. Administrative Regulation-122-1,122-2
24 P.S. 5321 et seq

24 P.S. 5331 et seq
Pol. 000
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E
STUDY HALLS
Study halls will be maintained as relatively quiet places to read or study. During your study hall period:
1. You may study or read. You may not sleep.
2. Prearranged passes must be presented to the study hall monitor if you need to see a teacher in another room.
3. You may use the Student Commons, if you have earned that privilege.
4. If you have secured a library pass via the electronic library sign-up, you may go directly to the library. You must
remain in the library until the end of the period. (Please review the Library procedures in this handbook.)
LATE ARRIVAL & EARLY DISMISSAL PRIVILEGE FOR SENIORS

MASH faculty members feel that it is important to reward students for their hard work and dedication to their success
academically and behaviorally. As such, we award privileges to students that qualify. These privileges are as follows: late
arrival, early dismissal, and student commons.
Please refer to the required form for more details. The deadline for submitting parent permission forms is August 28th.
The privileges will begin as soon as the paperwork is processed. Please be sure to check with Mrs. Collins in the main
office before exercising the privilege.
There will be NO late arrival when period 1 is not the first period of the day
There will be NO early dismissal when period 7 is not the final period of the day.
A list of ineligible seniors will be published weekly. No changes will be made mid-week.
Any senior who is not in his/her assigned area or who does not leave for home or work within the designated time will
lose the early dismissal privilege.
Student schedules will not be changed for the sole purpose of obtaining a period 1 or period 7 study hall.
STUDENT COMMONS
Students who qualify are permitted to sign out of a study hall and report directly to the Student Commons. In order to be
eligible for Student Commons, a student must:
1. Have a signed parent permission slip on file (for the current year). These forms are available in the high school office
and will be distributed at the beginning of the year.
2. Maintain first or second honors from the previous marking period.
 Eligibility for the fall session is determined by your final grades from last year.
3. Have no AEA assignments the current or previous marking period.
4. Have no OSS placements, OSS placement will cause this privilege to be forfeited for the remainder of the year.
5. Be free of all financial obligations.
6. Seniors must be on track to completing their Graduation Project during the first marking period of their senior year to
be eligible unless they are a senior year transfer student.
7. Be a sophomore, junior, or senior.
While visiting the Commons, students must:

a. Stay in the Commons. (Students are not permitted to visit the office or the Counseling & Career Center).
Students in the Commons may use the restrooms near the cafeteria.
b. Follow all of the regular school rules. Students may not play cards, use cell phones, use listening devices, eat, or
drink.
c. Wait until the bell rings to leave the Commons. The commons will be closed during the Flex period.
If the weather is favorable, students may use the adjacent courtyard (the courtyard is off-limits during lunch periods).
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Exhibit F
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F
meals) to persons directly connected with the administration or enforcement of a Federal or State education program, as
permitted by section 9(b)(2)(C)(iii) of the Russell National School Lunch Act.
The Food Service Department utilizes a meal accounting system that allows you to prepay for your child’s meals, milk, and a
la carte purchases and reduces the chances of lost or misplaced money. Parents or guardians prepay (deposit) money into their
child’s individual account, which can be accessed by the Food Service staff. To deposit money into your child’s meal account
you may make an online payment using www.mySchoolbucks.com or send cash or a check (made out to MASD) to school
with your student. Students may only access their own meal account. No student is permitted to use another student’s account
to buy food. Students must present their student ID in all cashier lines. If a student does not have his/her ID on a given day,
he/she must wait to check out until all other students with IDs have been through the cashier lines.
Any unused meal account money will carry over from year to year. If you move out of the district, you may request a refund
in writing within 30 days of your child’s withdrawal date but no later than June 30 th of that school year. All refunds will be
issued by check. Students cannot receive a cash refund.
In accordance with the district’s Wellness Policy, all foods available in district schools during the school day shall be offered
to students with consideration for promoting student health and reducing childhood obesity.
Any food or beverage item consumed in the food service area from the beginning of the school day until the end of the last
lunch period will be limited to items sold by the food service department, except items brought from home and normally would
be considered a “bag” lunch. Any food or beverage item purchased or ordered from outside school premises by students,
parents, or staff members will not be allowed from the beginning of the school day until the end of the last lunch period. The
scheduling of “birthday” parties and the delivery of food prepared outside the food service department by parents or others will
not be allowed during lunch periods.
Parents are asked to contact Karin Marlin, Food Service Director, at 717-691-3437 or kmarlin@mbgsd.org if they have
questions about the school meal programs.
CAFETERIA GUIDELINES
After you are finished eating, you are expected to dispose of all trash and take your tray to the window at the front of the
cafeteria. During the lunch period, you may move freely within the cafeteria. Students may not leave the cafeteria, commons
or adjoining hallways without permission, Students desiring to leave the cafeteria/commons area must have a pass signed by a
cafeteria monitor. If the weather is favorable, students may use the adjacent (outside) courtyard. Food and drink are not
permitted in the courtyard.
TEXTBOOKS AND OTHER BORROWED MATERIALS
You are responsible for returning all textbooks, library books, and other instructional materials that you borrow (you must
return the same textbook that you are issued, as confirmed by the textbook number recorded on the book receipt). You should
note any damage that exists when you are assigned the book, and record this information on the book receipt. You will be billed
the full replacement cost for any books/materials that you do not return, or that have been damaged beyond repair. If the book
is damaged but still usable, the subject teacher shall determine the amount of the bill based on the extent of the damage.
LOCKERS (HALL LOCKERS & PE LOCKERS)
Students will be responsible for the care and maintenance of their assigned lockers. Students are not permitted to use or
maintain more than one locker during the school term and may not share lockers with other students. Having lockers is a
privilege that can be revoked for misuse (this includes physical education lockers).
Students are specifically advised that they should have no expectation of privacy with respect to their use of school lockers
which are subject to random, periodic, and/or sweeping inspections and searches (including the use of certified scent dogs),
consistent with MASD Policy #226 – Searches. Objects, materials or substances recovered during a locker search may be used
as evidence against the student in disciplinary proceedings.
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Exhibit G
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DISTRIBUTION OF MATERIALS
The school is not an open and public forum for distribution of outside literature and notices. Students are not permitted to
distribute outside literature at any time on school property unless they have the consent of the building principal. If consent to
distribute is given, the materials must contain the following statement: “This event, program, or group is not sponsored or
endorsed by the Mechanicsburg Area School District.” If consent is given, the time and location for distribution will be
determined according to district policy.
VOLUNTEER FIREFIGHTERS
Student firefighters are NOT generally permitted to leave school in order to assist with an emergency. However, if a critical
situation would arise – for which student assistance is truly needed – student firefighters may be excused at the request of the
fire chief and with the permission of their parents.
VISITORS
Student visitors are discouraged. Unique cases will be considered by the administration. Please request permission from an
administrator several days in advance if you feel you have a unique situation.
ANIMALS
With the exception of authorized service animals, animals are not permitted in the building. Students who wish to bring an
animal into the building must have administrative approval. The request will only be granted if doing so serves a worthwhile
educational purpose.
CURRICULUM
GRADUATION REQUIREMENTS
To be eligible for graduation students must earn at least 22 credits: four in English, three in social studies, three in science,
three in math, two in arts and humanities, one and one-half in health and physical education, one-half in the Graduation Project,
and the remaining five in electives. Proficiency on PA standardized testing is now a graduation requirement.
1. Plan your program of studies on a four-year basis, with your long-range goals in mind.
2. If you fail a course, you may need to make up credits. Your diploma will be issued only upon the completion of all
graduation requirements.
3. Keep in touch with your school counselor in order to avoid errors in scheduling and to make the most of your years
at MASH.
CREDITS NECESSARY TO BE ON TRACK FOR GRADUATION

In order for a student to be on track for graduation, the following credit requirements must be met:
9th to 10th – a minimum of 4.0 credits earned
These credits can include those earned in summer school. A student can earn 2.0 credits in summer school per year, with a
maximum of 5.0 during high school. Through earning additional credits via summer school or taking additional courses in the
regular schedule, a student could potentially regain status after having been retained.
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Exhibit I
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Reidy, Joseph
From: Reidy, Joseph

Sent: Monday, November 5, 2018 9:01 PM
To: Huggins, Tulio
Cc: Brooke Bowen; Grace Wiedman; Noah Wiedman
Subject: RE: Gratefulness week posters and stand
Tulio,
I will have those posters printed tomorrow and shared with Mrs. Bentz for approval. I will also ask for a table next well.
The poster and activity sounds great.
Hold off on distributing Bibles for now. Let me check on that first with administration.
Best regards,
Mr. Reidy
From: Huggins, Tulio <19hugginst@masdstudent.org>

Sent: Monday, November 5, 2018 9:40 AM
To: Reidy, Joseph <jreidy@mbgsd.org>
Cc: Brooke Bowen <20bowenb@masdstudent.org>; Grace Wiedman <20wiedmang@masdstudent.org>; Noah Wiedman
<19wiedmann@masdstudent.org>
Subject: Gratefulness week posters and stand
Hello Mr Reidy,
Attached is the poster for the gratefulness week(which is next week). Can you get ten of these posters approved
by Mr.Harris this week?
Also, can you ask him for permission to have a table next week during lunch? We will have a poster so people
can put what they are thankful for, and we will be handing out Bibles, something we are thankful for.
In the email to Mr. Harris, can you BCC us? Thanks!

Copy of Gratefulness Week
--
Sincerely,
Tulio Huggins
1 Cor. 10:31
1
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Reidy, Joseph
From: Reidy, Joseph

Sent: Thursday, November 8, 2018 10:21 AM
To: Harris, David; Geissler, Jason
Subject: RE: CIA Issue
Dave,
Thank you for this information. I will share it with Tulio today.
Best,
Joe
From: Harris, David

To: Reidy, Joseph <jreidy@mbgsd.org>; Geissler, Jason <jgeissler@mbgsd.org>
Subject: RE: CIA Issue
Joe,
Please inform him that he is not permitted to handout Bibles during the school day. Like other literature if he would like
to request to distribute them outside of the school day, he may submit a request which will be reviewed in accordance
with district policy and case law. At that time, a decision will be rendered. In addition to relevant case law, district
policy #220 provides some guidelines. Please feel free to share this with Tulio or to review it with him as you see fit.
Thank you,
Dave
https://www.boarddocs.com/pa/mechpa/Board.nsf/Public?open&id=policies#
From: Reidy, Joseph

To: Harris, David <Dharris@mbgsd.org>; Geissler, Jason <jgeissler@mbgsd.org>
Subject: CIA Issue
Good morning, Gentlemen.

Please see the request below from Tulio. Kim approved the Gratefulness Week posters. We’re good to go on that.
He is requesting, respectfully, for Bibles to be handed out during lunch. I see an issue with this and I explained that to
him already. Would you be able to write me your response and I can read that to him verbatim?
Thank you!
Joe
From: Huggins, Tulio <19hugginst@masdstudent.org>

Sent: Monday, November 5, 2018 9:40 AM
To: Reidy, Joseph <jreidy@mbgsd.org>
Cc: Brooke Bowen <20bowenb@masdstudent.org>; Grace Wiedman <20wiedmang@masdstudent.org>; Noah Wiedman
<19wiedmann@masdstudent.org>
Subject: Gratefulness week posters and stand
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Hello Mr Reidy,
Attached is the poster for the gratefulness week(which is next week). Can you get ten of these posters approved
by Mr.Harris this week?
Also, can you ask him for permission to have a table next week during lunch? We will have a poster so people
can put what they are thankful for, and we will be handing out Bibles, something we are thankful for.
In the email to Mr. Harris, can you BCC us? Thanks!

Copy of Gratefulness Week
--
Sincerely,
Tulio Huggins
1 Cor. 10:31
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Reidy, Joseph
From: Reidy, Joseph

Sent: Friday, November 9, 2018 7:56 AM
To: 'Huggins, Tulio'; Grace Wiedman; Noah Wiedman; 'Bowen, Lynda'
Subject: CIA Request
Dear CIA Squad,

First, outstanding leadership and event planning for next week. The Gratefulness Week is such a great idea. Your other
request to distribute Bibles was not accepted. Please see Mr. Harris’s response below, and check out policy #220 on our
board documents website. Please note that this order is coming from our Board of Education, per policy #220. I would
be happy to interpret after Model UN today for a few minutes. Tulio noted earlier this morning that he will be
there. We can continue learning this stuff together as the year progresses if you wish. I won’t be able to stay too long
after UN today. See you then!
Best,
Mr. Reidy
____________________________________________
Joe,
Please inform him that he is not permitted to handout Bibles during the school day. Like other literature if he would like
to request to distribute them outside of the school day, he may submit a request which will be reviewed in accordance
with district policy and case law. At that time, a decision will be rendered. In addition to relevant case law, district
policy #220 provides some guidelines. Please feel free to share this with Tulio or to review it with him as you see fit.
Thank you,
Dave
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K
Exhibit K
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K
January 10, 2019
Via U.S. Mail & Electronic Mail
Gareth D. Pahowka, Esq.

221 W. Philadelphia St., Suite 600
York, PA 17401
gpahowka@stockandleader.com
Dear Mr. Pahowka,
I am in receipt of your letter dated January 10, 2019. In it, you stated:
By email dated November 8, the club advisor emailed Principal Harris on behalf of the
club requesting permission to hand out Bibles at lunch. Principal Harris responded by
email twenty (20) minutes later and invited the CIA club to “[S]ubmit a request which
will be reviewed in accordance with district policy and case law. At that time, a decision
will be rendered.” The club never submitted any request.1
You cut and pasted PART of a sentence, mid-sentence, and left out the rest. The entire email
from Mr. Harris says:
Joe,
Please inform him that he is not permitted to handout Bibles during the school day. Like other
literature if he would like to request to distribute them outside of the school day, he may submit
a request which will be reviewed in accordance with district policy and case law. At that time, a
decision will be rendered. In addition to relevant case law, district policy #220 provides some
guidelines. Please feel free to share this with [the student] or to review it with him as you see
fit.
Thank you,
Dave
As you can see, the building principal not only denied their request to distribute Bibles during
lunch, which occurred weeks before the planned distribution, but went further than the actual
request, and stated broadly they are “not permitted to handout Bibles during the school day.”
1
Page 2 of your January 10, 2019, letter.
35
K
We all agree there are times before and after school which distribution of Bibles can occur. The
issue is whether it can happen at any time during the school day.
A) If what Mr. Harris said is not accurate, and students DO in fact have the ability to
distribute Bibles sometime during the school day, then let us know. We would love to
hear from you when those times are, so the students can exercise their free speech rights
to distribute Bibles to fellow students.
B) If what Mr. Harris said is accurate, and students are “not permitted to handout Bibles
during the school day” then please let us know that as well.2
We look forward to hearing from you. Please let us know by Monday, January 14th at noon
whether there are reasonable times for students to distribute Bibles during the school day to
fellow students.
Sincerely,
Jeremy L. Samek
Jeremy Samek
Senior Counsel, Independence Law Center
Cc: Randall L. Wenger, Esq. rwenger@indlawcenter.org

Gareth D. Pahowka, Esq. gpahowka@stockandleader.com
2
Based on what is written in Mr. Harris’ email, and MASD administrative regulation 220-0, we note that MASD
has taken the position that students may “only distribute non-school materials at the following times: Thirty minutes
before the official start of school; 30 minutes after the official end of school; and as otherwise designated by the
building principal in writing.” The only designation by the building principal in writing is that the students are “not
permitted to handout Bibles during the school day”.
23 N Front St • Harrisburg, PA 17101 • (717) 657-4990 • FAX: (717) 545-8107 • info@indlawcenter.org • independencelawcenter.org
36

Bible Lawsuit Against Mechanicsburg Area School District

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Bible Lawsuit Against Mechanicsburg Area School District

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IN THE UNITED STATES DISTRICT COURT

CHRISTIANS IN ACTION CLUB, a

MECHANICSBURG AREA SCHOOL

VERIFIED COMPLAINT FOR

Law Center, and avers the following:

Fourteenth Amendments to the United States Constitution, to remedy a

violation of the constitutional rights of the student members of Christians in

Action Club (“the Bible Club” or “the students”) by Mechanicsburg Area

School District (“MASD”) in Mechanicsburg, Pennsylvania.

2. The students challenge Defendant MASD’s facially unconstitutional

prohibition on student expression contained in Administrative Regulation

220-0, which is implementing Policy 220 (Student Expression/Distribution

and Posting of Materials). Administrative Regulation 220-0 contains

overbroad and unconstitutional time and place restrictions that impose a

complete ban on literature distribution during the school day.

3. Under Regulation 220-0, students are only allowed to distribute non-school

literature on “public sidewalks bordering school property” thirty minutes

the principal, in his discretion, determines otherwise.

to a birthday party, giving a friend a copy of an interesting magazine article,

sharing notes of encouragement with classmates, or even handing out pocket

Constitutions to commemorate Constitution Day at any time during the

Constitution to distribute literature on any public sidewalk (which is the

quintessential traditional public forum) at any time during the day.

6. This policy, regulation, and student handbook are overbroad and

unconstitutionally grants unbridled discretion to Principal David Harris to

deny or approve any student distribution of written materials.

school, but he has wielded his unbridled discretion in a discriminatory

manner. To wit, at the beginning of the 2018 school year, he denied a

8. Principal Harris again wielded his unbridled discretion in a discriminatory

Bibles to classmates during non-instructional time, specifically lunch. The

of the school day....”

students unless approved, without any written guidelines to restrain the

unbridled discretion of the principal, but it also completely prohibits students

from expressions that “[s]eek to establish the supremacy of a particular

religious denomination, sect or point of view.”

their classmates during the school day’s non-instructional time pursuant to

its policies and practice.

11. Plaintiffs challenge the district’s policies, Administrative Regulations, and

Student Handbook, both facially and as applied.

Amendment to the United States Constitution, and the Pennsylvania Public

School Code 22 Pa. Code §12.9.

JURISDICTION AND VENUE

and Fourteenth Amendments, and under federal law, particularly 28 U.S.C.

§§ 2201-2202 and 42 U.S.C. § 1983​.

14. This Court possesses original jurisdiction over Plaintiffs’ claims by

operation of 28 U.S.C. §§ 1331 and 1343.

U.S.C. § 1343(a)(3) and Federal Rule of Civil Procedure 65.

17. This Court is authorized to award nominal damages under 28 U.S.C. §

19. Venue is proper under 28 U.S.C. § 1391 in the Middle District of

Defendant is located in the Middle District of Pennsylvania.

IDENTIFICATION OF THE PARTIES

20. Christians in Action (“Bible Club”) is an association of students at

Mechanicsburg Area Senior High School (“MASH”) who have associated

together for the purpose of fellowship, growing in their relationship with

Club is also an approved club by MASH.

implementation, and enforcement of District policies and practices,

including the policies challenged herein related to student speech and

policies and practices by its employees, including those related to student

speech and literature distribution.

within MASD, and is sued in his official capacity.

“not protected by the right of free expression.” Exhibit A, 2018-2019 Senior

§§ 2201-2202 and 42 U.S.C. § 1983.

35. The time restrictions in the Administrative Regulations explicitly prohibit

literature—“public sidewalks bordering school property.” Id.

39. Specifically, the place restrictions state:

Handbook. See Exhibit E, Student Handbook, at 18.

designated by the building principal in writing.” Exhibit C, Administrative