Parkland Complaint Full With Exhibits

Case 5:17-cv-03087-JLS Document 1 Filed 07/11/17 Page 4 of 36
IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA
ELIZABETH CASTRO, by and through ) Case No.

her mo ther and next friend LIZBETH )
CASTRO; GRACE SCHAIRER, by and )
through her parents and next friends, ) COMPLAINT FOR:
HENRY L. SCHAIRER, JR., and GAIL ) 1) Violation of 20 U.S.C. 4071 et seq.
B. SCHAIRER; and TROJANS FOR ) (Equal Access Act);
LIFE, an unincorporated association, )
) 2) Violation of First Amendment of the
Plaintiffs. )
United States Constitution and 42
) u.s.c. 1983
vs. ) 3) Injunctive Relief under 28 U.S.C.
) 1343;
PARKLAND SCHOOL DISTRICT; ) 4) Declaratory Relief under 28 U.S.C.
PARKLAND HIGH SCHOOL; ) 2201-02;
RICHARDT. SNISCAK, individually ) 5) Damages under 28 U.S.C. 1343; and
and in his official capacity as ) 6) Costs and Attorneys' Fees under 42
Superintendent of Parkland School ) u.s.c 1988(b).
District; JAMES E. MONIZ II, )
individually and in his official capacity as ) JURY TRIAL REQUESTED
Principal of Parkland High School; and )
JUDE SANDT, individually and in his )
official capacity as Assistant Principal of
Parkland High School,
Defendants.
VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF,

DECLARATORY JUDGMENT, AND DAM AGES
Plaintiffs, Elizabeth Castro, by and through her mother and next friend , Lizbeth Castro;
Grace Schairer, by and through her parents and next friends , Henry L. Schairer, Jr., and Gail B
Schairer; and Trojans for Life, an unincorporated association, by their undersigned counsel,
hereby complain of the defendants, Parkland School District; Richard T. Sniscak,

Superintendent; Parkland High School; James E. Moniz II, Principal, Parkland High School; and
Jude Sandt, Assistant Principal, Parkland High School, hereinafter referred to collectively as
Defendants, and state as follows:
INTRODUCTION
1. Plaintiffs, E lizabeth Castro and Grace Schairer, are students at Parkland High
School ("PHS"), a public school, who wish to exercise their free speech rights, protected by
federal and state law, to create an officially recognized pro-life club (Plaintiff Trojans for Life,
an unincorporated association) in order to educate their fel low students on the issue of abortion
and to offer hope and resources to help in the cases of crisis pregnancies. However, they were
denied the right to have their pro-life club at PHS, simply by virtue of the content of the club's
expression.
2. The actions of Defendants Parkland School District ("PSD"), PHS, and their
agents, Superintendent Richard T. Sniscak, Principal James E. Moniz II, and Assistant Principal
Jude Sandt, in denying Plaintiffs' request for their student-initiated, student-led pro-life club to
have the same access as all other official clubs at PHS is content-based discrim ination that
violates the federal Equal Access Act, 20 U.S.C. 4071 et seq. ("EAA"), and the First
Amendment to the United States Constitution. Plaintiffs seek appropriate declaratory and
injunctive relief as well as damages, attorneys' fees, and costs.
JURISDICTION AND VENUE
3. This action raises federal questions under the First Amendment of the United
States Constitution and 42 U.S.C. 1983.
4. This action raises federal questions under the Equal Access Act (20 U.S.C.
4071, et seq.).
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5. This Court has original jurisdiction over federal claims pursuant to 28 U.S.C.
1331 and 1343.
6. This Court has authority to grant the requested injunctive relief under 28 U.S.C.
1343; the requested declaratory relief under 28 U.S .C. 2201-02; the requested damages
under 28 U.S.C. 1343; and costs and attorneys' fees under 42 U.S.C 1988(b).
7. Venue is proper in this District pursuant to 28 U.S.C. 1391(b). A substantial part
of the actions or omissions giving rise to this case occurred within the District and, upon
information and belief, at least one Defendant resides in the District.
PARTIES
8. Plaintiff Elizabeth Castro is a United States citizen and resident of Breinigsville,
Lehigh County, Pennsylvania. During the 2016-2017 school year, she was a senior at PHS and a
co-founder of the student group 'Trojans for Life.''
9. Plaintiff Grace Schairer is a United States citizen and resident of Allentown,
Lehigh County, Pennsylvania. During the 2016-2017 school year, she was a junior at PHS and a
co-founder of the student group "Trojans for Life."
l 0. Plaintiff Trojans for Life is an unincorporated association and proposed student
group at PHS.
11. Defendant PHO is a school district, organized and existing under the Constitution
and Laws of the Commonwealth of Pennsylvania, for public elementary and secondary school
purposes.
12. Defendant Richard T. Sniscak ("Sniscak"), a resident of Schnecksvi lle. Lehigh
County, Pennsylvania, is the Superintendent of Parkland School District and is sued both
individually and in his official capacity.
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13. Defendant PHS is a high school located in Allentown, Pennsylvania. PHS is a
public school administered by PSD.
14. Defendant James E. Moniz TI ('Moniz"), a resident of Bethlehem, Northampton
Count). Pennsylvania, is the Principal of PHS. and is sued both individually and in his official
capacity.
15. Defendant Jude Sandt ("Sandt''), believed to be a resident of Allento\,n. Lehigh
County, Pennsylvania, is an Assistant Principal of PHS, and is sued both individually and in his
official capacity.
FACTUAL ALLEGATIONS
16. Defendant PSD ..believes that the goals and objectives of this district are best
achieved by a diversity of learning experiences, some of which are more appropriate ly conducted
outside the regular classroom curricular program of the school." Parkland School Board Policy
122. Cocurricular/Noncurricular Activities, available at:
http://www.boarddocs.com/pa/parkland/Board.nsf/ Public?open&id=policies# (last accessed July
10, 2017).
17. PSD requires that its schools provide students the right to form organizati ons.
with the approval of the principal. These organizations may take as their purpose any lawful
objective. whether or not related to the school curriculum.'' Id.
18. PSD further states that it ..shall provide ... the opportunity for noncurricular
related student groups to meet on the school premises during noninstructional time for the
purpose of conducting a meeting within the limited open forum on the basis of religious.
political. philosophical, or other content of the speech at such meetings. " Id.
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19. PSD permits approved student groups, when permitted by the school principal,
the right to engage in fundraising in the school's building. Parkland School Board Policy 229,
Student Fundraising, available al: http://www.boarddocs.com/pa/parkland/Board.nsf/
Public?open&id=policies# (last accessed July 10, 2017).
20. Upon information and belief, established student clubs are permitted to engage in
fundraising activities at PHS.
21. Upon information and belief, no written policies exist governing PHS 's principal
in determining when to permit an approved student group to engage in fundraising.
22. During the 2016-20 J7 school year, Plaintiff Elizabeth Castro ("Liz") was a senior
enrolled and attending PHS, Allentown, Pennsylvania.
23. During the 2016-2017 school year, Plaintiff Grace Schairer ("Grace") was a
junior enrolled and attending PHS, Allentown, Pennsylvania.
24. In early September 2016, Liz and Grace asked Sandt, the student activities
assistant principal, how to form a new student club.
25. Sandt told them that they must find an advisor before a club could be considered.
26. Liz and Grace found a teacher to be their advisor and informed Sandt.
27. Liz and Grace met with Sandt in November, when he told them that their advisor
had withdrawn after talking with him and that they also needed to submit a proposal for the club.
28. Liz and Grace found a new teacher advisor and submitted their club proposal to
Sandt on March 17, 2017. Ex. A, Trojans for Life Club Proposal.
29. After hearing nothing in response to their proposal, Liz and Grace went to Sandt
on March 29 to discuss the proposal. At that time, Sandt denied the club proposal with the
justification that the club would be too "pol itical" and "controversial".
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30. On April 6, 2017, Grace emailed Sandt and Moniz to ask how they cou ld fix their
proposal to get it approved, but never received a response. Ex. B, Email from G. Schairer to J
Moniz II, Apr. 6, 2017.
31. PHS offers, among others, the following clubs: a Gay Straight Alliance (''GSA"),
a political science club, two environmentalism clubs, a chess club, an investing club, and a multi-
cultural leadership club. See Ex. C, Parkland High School Clubs and Activities, also available at
http://W\vw.parklandsd.org/phs/parkland-high-school/activities/clubs/ (last accessed July 10,
2017).
32. On May 17, 2017, Counsel for Liz and Grace sent Defendants a letter outlining
the pertinent law and asking them to give Trojans for Life equal access as all fully approved
clubs, which letter asked for a response by Wednesday, May 24, 2017. Ex. D, Thomas More
Society Demand Letter, May 17, 2017.
33. On Thursday, May 18, 2017, counsel for Defendants responded to the letter by
phone. Counsel for Defendants denied that the reasons the club had not been approved were that
it was too political or too controversial, but rather claimed that the denial was the result of other
concerns PSD had with the proposal.
34. PSD offered to approve the club, contingent on Plaintiffs giving up certain rights
enjoyed by other clubs. Specifically, Defendants required:
a. that Plaintiffs rewrite their Mission Statement;
b. that Plaintiffs give up the right to fundraise for religious entities;
c. that Plaintiffs abandon certain proposed off-campus activities (specifical ly,
conducti ng a "memorial service" outside an abortion clinic, stating concerns over
the "dangerous" nature of the activity);
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d. that Plaintiffs rewrite their proposal / constitution to restrict their activities,
including their communications, to members of the club only, rather than their
"peers" at the school;
e. that Plaintiffs include language with regard to various proposed activities that
they be "subject to the approval of the school" (specifically, among others,
volunteering at pregnancy resource centers).
See Ex. E, Redline of Club Proposal and Constitution.
35. Plaintiffs requested copies of the policies that would govern PSD and PHS's
review of activities subject to school approval, but were told that no such policies exist.
36. Upon information and belief, no written policy exists that governs Defendants '
determination of whether or not to approve a student club 's proposed off-campus activity.
37. Upon information and belief, established student clubs are permitted to engage in
activities off-campus.
38. Upon information and belief, established student clubs are not required to restrict
their communications and messages to an audience solely consisting of the club's members.
ALLEGATIONS OF LAW
39. All of the acts herein alleged of the Defendants, their officers, agents, servants,
employees, or persons acting at their behest or direction, were done and are continuing to be
done under the color of state law, including the statutes, regulations, customs, policies, and
usages of the Commonwealth of Pennsylvania.
40. By denying Plaintiffs the status and benefits of a noncurriculum related school
club, and by making approval of Trojans for Life as a club contingent on Plaintiffs' waiving
certain rights that other fully approved clubs enjoy, Defendants have engaged in discrirn ination
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against Plaintiffs based on the content and viewpoint of their speech and sent a message of
exclusion and disfavor of Plaintiffs and their message, resulting in a chilling impact on Plaintiffs'
efforts at recruitment, association, and dissemination of their message.
CLAIMS FOR RELIEF
COUNT I :
Defendants' Actions Violate Plaintiffs' Rights Under the Equal Access Act
41. The allegations contained in paragraphs 1-40 are re-alleged and incorporated
herein by reference.
42. The Equal Access Act ("EAA") prohibits those public secondary schools which
receive federal funds and offer a "limited open forum" from denying any student equal access to
that forum on the basis of the content of that student's speech. 20 U.S.C. 4071 (a).
43. The EAA further states that '[a] public secondary school has a limited open
forum whenever such school grants an offering to or opportunity for one or more noncurricu lum
related student groups to meet on school premises during noninstructional time ." 20 U.S.C.
407 l(b).
44. PHS is a public secondary school that receives federal funds. It has offered offers
a limited open forum to its students to participate in noncurriculum related student groups.
45 . Defendants' denial of Plaintiffs ' equal access to operate a pro-life group on equal
footing with PHS ' other noncurriculurn related clubs already in existence in the school, based on
the content and viewpoint of the pro-life message of the club, violates Plaintiffs' rights under the
EAA.
46. Defendants' ban on Plaintiffs' ability to engage in fundraising for religiously-
affiliated recipients, solely because of the religious nature of the recipients, denies Plaintiffs
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equal access based on content and viewpoint-based discrimination, in violation of Plaintiffs '
rights under the EAA.
47. Defendants' ban on Plaintiffs' proposed off-campus activities, based on the pro-
life nature of the proposed activities and locations, denies Plaintiffs equal access and constitutes
content- and viewpoint-based discrimination against the pro-life message of the club, in violation
of Plaintiffs ' rights under the EAA.
48. Defendants' requirement that Plaintiffs limit their advocacy, expression, and goals
to the members of Trojans for Life, based on the pro-life content and viewpoint of the club,
denies Plaintiffs equal access and constitutes content and viewpoint-based discrimination against
the pro-life message of the club, in violation of Plaintiffs' rights under the EAA.
49. Defendants' conditioning establishment of Trojans for Life as a student club on
Plaintiffs' waiver of rights enjoyed by other clubs at PHS, based on the content of the pro-life
message of the club, denies Plaintiffs equal access and constitutes content and viewpoint-based
discrimination against the pro-life message of the club, in violation of Plaintiffs ' rights under the
EAA.
50. WHEREFORE, Plaintiffs respectfully request that the Court grant the relief set
forth hereinafter in the prayer for relief.
COUNT II:
Defendants' Actions Violate Plaintiffs' Rights of Freedom of Speech and of Association

Guaranteed Under the First A mendment of the United States Constitution
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52. The First Amendment of the United States Constitution, incorporated and made
applicable to the states by the Fourteenth Amendment to the United States Constitution,
recognizes and protects the right of freedom of speech and of association.
53. This includes the rights of students to express their opinions, even religious and
political opinions, at school. Tinker v. Des Moines Indep. Sch Dist. , 393 U.S. 503 ( 1969).
54. Defendants' denial of Plaintiffs' request to operate a pro-life group on equal
footing with the other noncurriculum related clubs already in existence at PHS violates
Plaintiffs' rights of freedom of speech and of association under the First Amendment.
55. Defendants' ban on Plaintiffs ' ability to engage in fundraising for religiously-
affiliated recipients, solely because of the religious nature of the recipients, violates Plaintiffs'
rights of freedom of speech and of association under the First Amendment.
56. Defendants' pre-emptory ban on Plaintiffs ' proposed off-campus activities, based
on the pro-life nature of the proposed activities and locations, is content- and viewpoint-based
discrimination against the pro-life message of the club, in violation of Plaintiffs ' rights of
freedom of speech and of association under the First Amendment.
57. Defendants' requirement that Plaintiffs limit their advocacy, expression, and goals
to the members of Trojans for Life, based on the pro-life content and viewpoint of the club,
violates Plaintiffs' rights of freedom of speech and of association under the First Amendment.
58. Defendants' conditioning establishment of Trojans for Life as a student club on
Plaintiffs ' waiver of rights enjoyed by other clubs at PHS, based on the content of the pro-life
message of the club, violates Plaintiffs' rights of freedom of speech and of association under the
First Amendment.
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59. Defendants have no compelling reason that would j ustify the burden imposed
upon P laintiffs' right to freedom of speech and of association.
60. WHEREFORE, Plaintiffs respectfully request that the Court grant the rel ief set
COUNT III:
Def endants' De Facto Policy Granting Themselves Unfettered Discretion in Approving or

Denying Student Club Activities and Approving or Deny ing Permission to Fundraise Facially
Violates the First A mendment of the United States Constitution
62. The requirement of school approval in advance of a club' s exercise of its First
Amendment rights constitutes a prior restraint.
63. ..A system of prior restraint may [not] delegate overly broad . .. discretion to a
governmental official. "' Bella Vista United v. City of Philadelphia, 2004 U.S. Dist. LEXIS
6771 , *10-11 , 2004 WL 825311 (E.D. Pa. Apr. 15, 2004) (citing Forsyth County v. Nationalist
Movement, 505 U.S. 123, 130 (1992)).
64. '[W]hen arbitrary discretion is vested in some governmental authority .. . such
discretion has the potential for becom ing a means of suppressi ng a particular point of view,"
which allows for ..covert forms of discrimination" and which the Supreme "Court has
condemned as inherently inconsistent with" free speech principles. Heffron v. Int'! Soc. for
Krishna Consciousness, 452 U.S. 640, 649 ( 1981) (gathering cases); see also Bella Vista United,
2004 U.S. Dist. LEXIS * 10- 11 ("Ordinances vesting public officials with unfettered discretion to
permit or prohibit speech create [a] serious First Amendment risk[]: ... the difficulty of
effectively detecting, reviewing, and correcting content-based censorship.")
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65. PSD's lack of any policies regarding the grant or denial of permission for student
clubs to conduct activities off-campus and regarding the grant or denial of permission for student
clubs to engage in fundraising results in PSD administrators, specifically Defendants Moniz and
Sandt, having unfettered discretion in granting or denying such permission.
66. This de facto policy vesting unfettered discretion in PSD administrators faciall y
violates the First Amendment of the United States Constitution and violates Plaintiffs' rights
thereunder.
COUNT IV:
Defendants' De Facto Policy Granting Themselves Unfettered Discretion in Approving or

Denying Student Club Activities and Approving or Denying Permission to Fundraise, As
Applied to Plaintiffs, Violates the First Amendment of the United States Constitution
68. The al legations contained in paragraphs 1-67 are re-alleged and incorporated
69. The requirement of school approval in advance of a club' s exercise of its First
Amendment rights constitutes a prior restraint.
70. "A system of prior restraint may [not] 'delegate overly broad .. . discretion to a
governmental official."' Bella Vista United v. City of Philadelphia, 2004 U.S. Dist. LEXIS
677 1, * 10-11 , 2004 WL 825311 (E.D. Pa. Apr. 15, 2004) (citing Forsyth County v. Nationalist
Movement, 505 U.S. 123, 130 (1992)).
71. "[W]hen arbitrary discretion is vested in some governmental authority .. . such
discretion has the potential for becoming a means of suppressing a particular point of view,"
which allows for "covert forms of discrimination" and which the Supreme "Court has
condemned as inherently inconsistent with" free speech principles. Heffron v. Int'/ Soc. for
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Krishna Consciousness, 452 U.S. 640,649 (1981) (gathering cases); see also Bella Vista UnUed,
2004 U.S. Dist. LEXIS * 10-11 ("Ordinances vesting public officials with unfettered discretion to
permit or prohibit speech create (a] serious First Amendment risk[] : .. . the difficulty of
effectively detecting, reviewing, and correcting content-based censorship.")
72. PSD 's lack of any policies regarding the grant or denial of permission for student
clubs to conduct activities off-campus and regarding the grant or denial of permission for student
clubs to engage in fundraising results in PSD administrators, specifically Defendants Mon iz and
Sandt, having unfettered discretion in granting or denying such permissions.
73. Defendants have used this unfettered discretion to pre-emptively deny Plaintiffs
the right to conduct any off-campus activity outside an abortion clinic.
74. Defendants have offered no justification other than an unsubstantiated fear of
danger," which is nothing more than a pretextual cover for content- and viewpoint-based
discrimination against Plaintiffs' message.
75. Defendants have also used this unfettered discretion to pre-emptively deny
Plaintiffs the right to engage in fundraising for religiously-affiliated recipients.
76. Defendants have offered no justification other than a legally unsupportable fear of
an Estab lishment Clause violation, which is nothing more than a pretextual cover for content-
and viewpoint-based bias against Plaintiffs' message and right to associate with religiously-
affiliated entities.
77. Defendants ' application of their unfettered discretion violates Plaintiffs' rights of
free speech and association under the First Amendment of the United States Constitution.
forth hereinafter in the prayer for re lief.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully pray that judgment be entered in their favor and
that relief be granted against Defendants as follows:
79. That this Court assume jurisdiction over this action and set it for hearing;
80. That this Court declare the Defendants ' actions against Plaintiffs in denying their
pro-life club fully approved club status violate the federal Equal Access Act because they violate
Plaintiffs' right to the freedom of equal access to the limited open forum of secondary school
clubs, regardless of the basis of the content and viewpoint of their speech, which is guaranteed to
Plaintiffs under the Equal Access Act.
81. That this Court declare the Defendants' de facto policy affording Defendants
unfettered discretion concerning club off-campus activities and fundraising facially
unconstitutional as violative of the rights of Plaintiffs and others not before the court to freedom
of speech and association, which are guaranteed to Plaintiffs and others under the First
Amendment of the United States Constitution;
82. That this Court declare the Defendants ' de facto policy granting Defendants '
unfettered discretion concerning club off-campus activities and fundraising unconstitutional as
applied to Plaintiffs because Defendants' application of their unfettered discretion has violated
Plaintiffs' rights to freedom of speech and association, which are guaranteed to Plaintiffs under
the First Amendment of the United States Constitution;
83. That this Court enter a preliminary injunction, later to be made permanent,
requiring Defendants to approve Trojans for Life as a fully approved club with the rights and
privileges granted to all other fully approved clubs.
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84. That this Court enter a preliminary injunction, later to be made permanent,
enjoining Defendants from enforcing Defendants ' de facto policy granting them unfettered
discretion in approving or denying student club activities and approving or denying permission
to fundraise;
85. That this Court award Plaintiffs nominal damages, presumed damages, and
punitive damages;
86. That this Court award Plaintiffs their litigation expenses, including reasonable
attorneys' fees and costs; and
87. That this Court grant such other and further relief as it deems just and proper.
JURY DEMAND
Plaintiffs hereby request a trial by jury as to all issues so triable.
Respectfu lly submitted this 11 1h day of July, 2017.
Christopher G. weet, PA Bar # 3 15 23 l

Pennsylvania Litigation Counsel for the
American Catholic Lawyers Association, Inc.
1855 Cassel Rd.
Quakertown. PA 1895 I
Phone: (215) 778-2175
CSweet@ ACLAinc.org
Counsel for Plaintiffs
Jocelyn Floyd, IL Bar # 6303312

Special Counsel, Thomas More Society
19 S. LaSalle St., Ste. 603
Chicago, TL 60603
Phone: (312) 782-1680
Fax: (312) 782-1887
JDfloydJD@gmaiJ.com
Counsel for Plaintiffs (Pro Hae Vice admission
pending)
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DECLARATION UNDER PENALTY OF PERJURY
I, Grace Schairer, a minor citizen of the United States and a resident of the State of
Pennsylvania, hereby declare under penalty of perjury pursuant to 28 U.S.C. 1746 that the
foregoing is true and correct to the best of my knowledge.
Executed this 11th day of July, 2017, at Allenton, Pennsylvania.
f/w~
Grace Schairer, a minor
We, Henry L. Schairer, Jr., and Gail B. Schairer, parents and next friends of Grace
Schairer, citizens of the United States and residents of the State of Pennsylvania, hereby declare
under penalty of perjury pursuant to 28 U.S.C. 1746 that the foregoing is true and correct to the
best of our knowledge.
Executed this 11th day of July, 2017, at Allenton, Pennsylvania.
.,O\,;Ul:lller, ,,., father and#friend of Grace Schairer
B. Schauer, mother and next fri nd of Grace Schairer

I) F < I \ I~ \"I IO\' l '- I) En PF'- A I. n O I P FIU l ,n
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EXHIBIT A
Club Proposal
I. Contact Information of Students Proposing Club
A. Name
I . Grace Schairer
2. Elizabeth Castro
B. Email
J.
2.
C. Phone
1.
2.
II. Name of Proposed Club

A. Trojans for Life (TFL)
II1. Description/Purpose of Club
A. The mission of Trojans for Life is to establish an active pro-life culture among the
youth of our community by educating our peers on life and by actively promoting
the right to life for all persons (pre-born and born).
B. (see attached constitution draft)
IV. Goals of Proposed Club

A. To educate peers about life.
B. Promote the right to life for all persons.

C. Supporting local organizations (i.e. Mary s Shelter)
D. To establish an active pro-life culture among our peers.
V. Events of Proposed Club

A. Apologetics training
l. Host local pro-life leaders to come and talk to group about dialoguing
skills.
B. Memorial service
~ xhibit A I
1. Meet at a local abortion facility and spend time in silent reflection.

C. Volunteer at local pregnancy resource centers
1. Meet at facilities such as Mary's Shelter, Care Net, Catholic Charities,
etc., to volunteer.
D. Diaper drive
1. Collect diapers and/or other baby items to donate to local pregnancy
center.
VI. Meetings
A. Room B121
B. Monday from 3:05-4:25pm, Biweekly .
VII. Advi sor
A. Mr. Kiernan
Sample Club Meeting Agenda
I. Introduction of officers.
A. Have each person say their name, grade, and why they are interested in the
pro-life club.
B. Pass around a clipboard for everyone in attendance to sign in with their name,
grade, email, address, and phone number.
fl. Explain your vision for the club and what you would like to accomplish as a student
group.
A. What events and activities would you like to do to accomplish this?
B. Ask for different event and campaign ideas from the group.
TTL Poll the students on what interested them the most.
A. Ask the students for their areas of interest. Do you have students that are more
interested in apologetics or pregnancy resources? Make a note of it so you can be
sure to include them when you host an event they would be interested in or give
them opportunities to lead new outreaches and projects.
IV. Set aside some time for people to ask questions about the club.
V. Set a date and time for your next meeting and decide on your first event.
VT. Eat and socialize!
A. Make time to get to know the people who came! Play a game or have an
icebreaker so that students feel they have connected with each other.
Constitution fo r Trojans for Life
Article I: Name
The name of this organization is Trojans for Life.
Article II: Mission

The mission of Trojans for Life is to establish an active pro-life culture among the youth of our
community by educating our peers on life and by actively promoting the right to life for all
persons (pre-born and born) .
Article III: Members

Section 1- Trojans for Life is open to all Parkland students, faculty, and staff. No student,
faculty, or staff may be denied membership on the basis of race, sex, religion, ethnicity, national
origin, color, age, or disability.

Section 2- To become members, one must request membership verbally or via email to president,
vice president, or other executive officer. Members must provide adequate contact information
and be willing to attend meetings.
Article IV: Officers

Section 1- The officers will include a president, vice president, treasurer, secretary, and public
relations coordinator.
Section 2- Officers will hold office for one school year (September-June), starting and ending on
the last day of school. For the first full year of existence, officers will be appointed. No officer
should hold any position for more than two school years. However, they do have the option of
running for another office after their t\vo years.
Section 3- Roles of officers will be as follows:
President
o Provides vision and direction, short-term and long-term
o Oversees all other officers and helps them carry out their duties
o Delegates tasks among officers and members
o Runs meetings
o Is the public face of the organization
o Ensures all tasks are completed
o Motivates other members
Vice President
o Assists the president in managing officers and members
o Fills in for president when needed
o Helps plan events
o Helps president develop ideas
o Manages committees
Treasurer
o Manages finances
o Coordinates fundraising events
o Tracks donors and writes thank you notes
o Develops budget and turns into Student Activities director
o Keeps track of banking information
Secretary
o Writes notes on meetings
o Contacts and encourages inconsistent members
o Sends updates to Students for Life of America ( co-organization with Trojans for
Life)
o Keeps track of pictures and fi Jes
Public relations coordinator
o Maintains a positive attitude toward speaking about life
o Takes pictures and videos during events
o Manages social media accounts
o Develops relationships with local, regional, and national pro-life organizations
o Partners with other pro-life friendly groups and advertises with and through them
Section 4- The impeachment of any officer can only occur when two-thirds majority of official
members are present to vote for impeachment, or a unanimous vote is reached by officers.
Officers must clearly state the reasoning for impeachment and take a secret vote. Grounds for
impeachment can include violence against another member or other students. lying,
inappropriate speech or actions, etc.

Section 5- In addition to the officer positions, it is at the president' s discretion to appoint students
to committees to coordinate specific events or activities.
Section 6- Officers who maintain or advocate points of view regarding abortion and other life
issues and practices that are contrary to Trojans for Life's mission and stated goals, will be
removed from their office unti I the behavior and or/unorthodox views are corrected. The voting
members are responsible for removing and reinstating officers who pertain to this section.
Removal and reinstatement require two-thirds majority vote of the voting members.
Article V: Elections
Section 1- Elections of officers will take place at an election meeting to be held once a year
during the spring semester, at least one month before the last day of classes.
Section 2- Any official member may be nominated for office or nominate oneself.
Section 3- Members who are running for office must be nominated by previous officers. An
interview will be held and members who want to run must prepare for it. Officers will pick best
qualified members to run for office.

Section 4- Officers must be elected by simple majority via secret ballot. Only active members are
eligible to vote. Members must be present to vote.
Section 5- Elections must be announced at least 2 weeks prior to them being held and advertised
through all official group communication channels.
Section 6- If any officer decides to step down, nominations will be accepted at the next meeting
and a new officer will be elected one meeting later.
Section 7- tn case of no persons to fill the role of president or vice president, an interim will be
appointed by the previous president. The interim president will hold the position until the fall
semester and new elections can be held. The interim president will have no authority to hold the
position after two months of the new semester has passed and can be removed from their office
at any point by the advisor.
Article 6: Advisor
The advisor requested by the founders of the club will remain the advisor until he or she chooses
to resign from the position. However, if the advisor is not in agreement with the vision and
mission statement of the group, the officers may choose to request a new advisor.
Article 7: Meetings
Section 1- The president must call a meeting at least once a month during the fall and spring
semesters. Any official member may call a meeting through the consent of the officers. If none
of the officers are able to be present for a meeting, a meeting will not be held at that time.
Section 2- The secretary or other assigned member will pass around a sign-in sheet and wi II keep
notes on the meeting.
Article 8: Amendments
In order to amend the constitution, an amendment should be submitted to the president or at least
two officers. At the next meeting, the president, or the two officers, will announce the proposal
and a vote will take place by secret ballot. Two-thirds of the official group members must be
present to vote and a majority is necessary for approval.
Signatures:
Case 5:17-cv-03087-JLS Document
EXIBIT B1 Filed 07/11/17 Page 28 of 36
Gmail - Trojans for Life 7/10/17, 9:43 PM
M Gmail
Trojans for Life
Grace Schairer <grace.schairer5@gmail.com> Thu, Apr 6, 2017 at 1:28 PM

To: "Jude T. Sandt'' <sandtj@parklandsd.org>
Cc: Liz~ <castroelizabeth@outlook.com>
Hello Mr. Sandt,
Thank you for taking time to meet with us yesterday about our Trojans for Life club. We want to make sure we
understand that the denial was based on the club being too political in nature and if there is anything we can do to get
the club approved in the future. Thank you!
Sincerely,
Grace Schairer and Liz Castro
Grace Schairer <grace.schairer5@gmail.com> Fri, Apr 7, 2017 at 11:19 PM

To: monizj@parklandsd.org
Begin forwarded message:
From: Grace Schairer <grace.schairer5@gmail.com>

Date: April 6, 2017 at 1:28:36 PM EDT
To: "Jude_T. Sandt" <sandtj@parklandsd.org>
Cc: Liz ~ " <castroelizabeth@outlook.com>
o aa
Subject: Trojans for Life
(Quoted text hidden]
Page 1 of 1
https://mail.google.com/mall/u/0/?ulo2&iko706b017cfe&jsveraveUcg_ thc15b64d758056cfc6&siml"15b444f96cc61578&siml 0 15b4b929a59f0394
EXIBITC Clubs
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Parkland High School
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Scheduled
cademic and
Advisor/ Coach Meetings/
ompetitive Clubs
Locations
~merican Sign Language First Wednesday of each

Mrs. Fuller
flub(ASL) month 7;15am in B213
~merican Sign Language Third Monday of each

Mrs. Fuller
ronor Society month in B213
rrt Honors Society Ms. Linda LaDue
lhess Club Mr. Scott LeVan Tuesdays after school in
room 0122 October
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7/10/2017 Clubs
February
I
fhorale Mr. Frank Anania
f lass of 2017 Mrs. Melissa Goldstein 8209
IClass of 2018 Ms. Jennifer Young
IClass of 2019 Ms. Amanda Keifer 8231
IClass of 2020 Mrs. Andrea Greth 8118
As scheduled, 3:05pm in
flub Med Ms. Laura Kowalski
C200
rnun1ty Service I Parkla'ld

Ms. Susan Hartman See her for info in E104
.V.E
f omputer Club Ms. S. J. Crivellaro D227
C241 after school on

ronse,vation Club Ms. Sarah Yenser
Thursdays
f coking Club Ms. Kathryne Romanie
Mondays & Wednesdays,

ranee Team Ms. Alexa Muhr
3-5pm
Wednesday 6PM in 8223
Debate Team Mrs. Jennifer Smith *Additional meetings as
determined by adviser*
Meets from September -
ngineering Club Mr. Robert Yocum March, various days after
school at Troxell Building.
Fnglish National Honor SocietyMs. Michelle Hock Monthly Meetings 7:20am I

Second Wednesdays of
ashion Club Mrs. Donna Robertson month in room A 136 at
3:10
rBLAClub Lori Kuzmin O' Neill One Friday a month,
http://www.parklandsd.org/phs/parkland-high-school/activities/clubs/ 2/8
7/10/2017 Clubs
7:15am
in 0222
Festival of the Arts (FOTA) Mr. Mark Stutz
~itness Team Mr. Matt Noctor TBA
Madame Megan Skumin Meetings will be posted in
-rench Club and B203follow on Twitter
Monsieur Moran at fcphs
Madame Megan Skumin
French Honor Socitey'. and As needed
Monsieur Moran
Ms. Carol Dickerson &

~ay Straight Alliance (GSA)
Ms. Kathryn Roland
First Thursday of the

r.E.0. Club Mr. John Fegley
month in 8122 at 7:15 AM
1 evening meeting per
month ... additional

erma Club Frau Szabo
meetings as needed in
8126
Ferman Honor Society Frau Szabo
~ce Hockey Club Mr. Tom Yankanich
!Interact Club Mrs. Kathryn Solderitch
!International Thespian Club Ms. Andrea Roposh
Oates to be determined ,
nvesting Club Mr. Kilpatrick announced on PNN, 3PM
in room 0122
After school and

ndoor Colorguard Ms. Abby Deschler
weekends in Troxell Gym
ndoor Percussion 1uesday, Thursday 8
http://www.part<landsd.org/phs/parkland-high-school/activities/clubs/ 3/8
7/10/2017 Clubs
Saturday Mornings
Tuesday & Thursday

Mr. Jason Lerew
Mornings
Meetings are held two

Wednesdays a month ;
Mrs.Kate Robbins & once in the morning and

~Club
Mr. David Martin once in the evening. The
exact schedule is posted

on the Club website.
Mary Redline and Kim

~atin Club Meets as needed in B227
Brown
Mary Redline and Kim

~atin Honors Society
Brown
Mrs. Buell &Mrs. Christy Wednesday, 7:15am in

~eo Club
Keating C200
Tuesday, 3:05-4:1 5 in
~iterary Magazine Ms. Lori Peters
0131
rathematics Team Ms.Kristin Yudt
~ath Honors Society

Mr. Kyle Wolfe TBA
~Mu Alpha Theta)
Sept thru Feb Mondays in

~ock Trial Club Mr. Michael Carpenito
0125 from 3-4 :30
rulti-Cultural Leadership Club Mrs. Kristin Inserra Mondays 3:05pm in B2151
as needed on
~t1onal History Day Club Calliope Volikas Wednesdays in
room 0212 at 3:00
Monthly meetings 7:20 in

rational Honors Society Mrs. Lauren Will
Auditorium
I
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rewspaper/ Trumpet Mrs. Shirley Thomas

I
IP.A.L.S. Club Ms. Amanda Keifer Monthly meetings in 81271
Mrs. Amanda Abdelaal

r ar Key (yearbooi\l Period 2
~arkland Productions Film

Mr. Jay Greth Once a week in 8126
lub
Ms. Beth Smith & Meets once a month as

~erforming Arts Club
Ms. Andrea Roposh needed
Alternating Tuesday,
0 olltical Sg1eni;;e Club Ms. Calliope Volikas
3:00pm in D212
Psychology Club Mrs. Ellen Snyder
red Cross Club Ms. Kayla Lower
As Needed in D101
r.A.D.D. Club Mrs. Deb Andreoli
7:20am
F-cholast1c Scrimmage Mrs. Alice Stinebaugh Monday in 8119
Selected Mondays 3:00

r c,ence F.fil[ Mr. Christopher Gahman
A128
~cience National Honor Tricia Metz & Amy
oc1ety Munson
rcience Olympiad Club Carol Dickerson
Thursday Night Skiing at

rki Club Mr. Christopher Gahman
Blue Mountain
One Thursday/month,
rpanish Club Mrs. Paulette Cope
7:20am in C200
once a month on
~1sh Honor Soc1et~ Ms. Lauren Yerger Wednesdays in C200 or
C220 at 7:15 AM
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Ftage Crew Alex Michaels
Every Tuesday, 4pm in

~tudent Athletic Trainers Mr. Adam Giese
E020
F-tudent Council Ms. Julie Wood 0219 Fridays, 7:30am
tudent Senate Mrs. Lori Fitch
Ms. Danene DiSabella &

relcome Pack Club
Mrs. Jennifer Tabarani
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Case 5:17-cv-03087-JLS Document
EXIBTTD 1-1 Filed 07/11/17 Page 1 of 13
THOMAS MORE SOCIETY

A National Public Interest Law Firm
May 17, 20 17
Via facsimile and email

Richard T. Sniscak, Superintendent James E. Moniz II, Principal
Parkland School District Jude Sandt, Asst. Principal
1210 Springhouse Rd. Parkland High School
Allentown, PA 18104 2700 N . Cedar Crest Blvd.
Facsimile: 6 10-351-5509 Allentown, PA 181 04
Email: sniscakr@ParkJandSD.org Facsimile: 610-351 -5656
Email: monizj@ParklandSD.org
sandtj@ParklandSD.org
Re: Violation of Students' Right to Establish Pro-Life Club at Parkland High School
Dear Messrs. Sniscak, Moniz, and Sandt:
We represent Elizabeth Castro, a senior at Parkland High School and co-founder of the proposed
student group Trojans for Life; Grace Schairer, a junior at Parkland High School and co-founder of
Trojans for Life; and Students for Life of America ("SFLA"), a national 501(c)(3) not-for-profit
organization based in Spotsylvania, Virginia. SFLA is one of the nation's most active pro- life
organizations and the largest youth pro-life organization in the country. It is the only national pro- life
organization dedicated to training and equipping high school, college, medical, and law school students
to defend the preborn and raise awareness on school campuses.
Elizabeth and Grace have informed us that Assistant Principal Sandt has denied their club the
right to become an official student club at Parkland High School because the pro-life message is too
'political" and "controversial".
Parkland High School's refusal to permit Elizabeth and Grace to create a pro-life club
constitutes a violation of their rights under both th e First Amendment to the United States
Constitution and the federal Equal Access Act ("EAA"). Additionally, this denial violates
Parkland School Dis trict's own policies regarding student organizations.
Factual Background
In early September 2016, Elizabeth and Grace asked Mr. Sandt, the student activities vice
principal, how to form a new student club. Mr. Sandt told them that they must find an advisor before a
club could be considered. Elizabeth and Grace found a teacher to be their advisor and informed Mr.
Sandt. They then met with him in November, where he told them that their advisor had withdrawn after
talking with him and that they also needed to submit a proposal for the club.
Elizabeth and Grace found a new teacher advisor and submitted their club proposal to Mr. Sandt
on March 17, 2017. On March 29, in a meeting to discuss the proposal, Mr. Sandt denied the club
proposal with the justification that the club would be too "political" and "controversial". On Apri l 6,
19 S. LaSalle I Suite 603 I Chicago, lL 60603 I www.thomasmoresociety.org IP: 3 12.782.1680 IF: 312.782.1887
"Injustice anywhere is a threat to justice everywhere. " - Rev. Dr. Martin Luther King
Case 5:17-cv-03087-JLS Document 1-1 Filed 07/11/17 Page 2 of 13
Thomas More Society Letter re:

Violation of Students' Rights
Page 2 of 4
2017, the students emailed Mr. Sandt to ask how they could fix their proposal to get it approved, but
never received a response.
Parkland High School offers, among others, the following clubs: Chess Club, Conservation Club,
Fashion Club, GSA (Gay Straight Alliance), G.E .O. Club, Investing Club, Multi-Cultural Leadership
Club, and Political Science Club.
Legal Ana~ysis
The refusal to approve Trojans for Life as an extracurricular club because of the club s message
constitutes a violation of Elizabeth and Grace's rights under both the First Amendment to the United
States Constitution and the Federal EAA.
Students do not shed their First Amendment rights at the school house gate. Tinker v. Des
Moines Independent Community School Dist., 393 U.S. 503 , 509 (1969). Accordingly, a school may not
permit some students to organize and express themselves on particular topics while forbidding others the
same right-this creates an atmosphere where only 'approved" speech is permitted and violates the First
Amendment as a content-based restriction.
Furthermore, an "undifferentiated fear or apprehension of disturbance" -in other words, merely

labeling a topic "controversial"- is not a ground for censoring student speech. Id. at 508. Rather,
school authorities may not silence student expression unless they reasonably forecast, based on actual
evidence, that the student expression would lead to either a substantial disruption of the school
environment or an invasion of the rights of others. Id. at 512. Discussion of controversial topics and
distribution of material relating to political issues in public high schools are not prohibited. Instead,
under clear Supreme Court precedent, students have the "undoubted freedom to advocate unpopular and
controversial views in schools and classrooms," balanced only against society's countervailing interest
in teaching students the boundaries of socially appropriate behavior. Bethel Sch. Dist. No. 403 v.
Fraser, 4 78 U.S. 675, 681 ( 1986).
Congress has also expressly protected students' rights to create clubs with the Equal Access Act.
20 U.S.C. 4071, et seq. Under the EAA, it is "unlawful for any public secondary school which
receives Federal financial assistance ... to deny equal access or a fair opportunity to, or discriminate
against, any students who wish to conduct a meeting . . . on the basis of the religious, political,
philosophical, or other content of the speech at such meetings." Id. at 4071.
Simply put, once the limited open forum is open to one non-curricular club, then all non-
curricular clubs must be treated equally, even if the clubs they wish to form are religious, political, or
controversial" in their content.
It is unquestionable that Parkland High School has opened a forum for non-curricular student
organizations. The category of club which can be considered curricular is a very narrow one- a student
group is considered curricular only if it directly relates to the curriculum of the school. The Supreme
Court has held that "directly related" is strictly limited to include only clubs meeting one of the
following four criteria:
I) The subject matter is taught in a regularly offered course;

Page 3 of 4
2) The subject matter concerns the body of courses as a whole;

3) Participation is required for a course; or
4) Participation results in academic credit.
Bd. of Educ. of Westside Cmty. Schs. v. Mergens, 496 U.S. 226, 239-40 (1990) (firmly rejecting
definition of "curriculum related" to include anything "remotely related to abstract educational goals"
and noting that "such a broad interpretation . .. would make the [EAA] meaningless.").
The Court further explicitly held that clubs such as chess club, a stamp-collecting club, and a
community service club did not meet any of these criteria. Id. at 237-38. Broad attempts to shoehorn
club topics into the context of official school curriculum will not be approved-i.e. , merely offering P.E.
classes does not make a scuba-diving club "directly relate" to the curriculum unless the P.E. classes
actually teach scuba-diving itself. Id. at 245.
Under this standard, you have opened Parkland High School 's club forum to many non-
curricular clubs, including ones that might be classified as "political" or "controversial'.. Chess clubs
and Gay Straight Alliances- both of which Parkland High School permits-are examples of clubs that
courts have explicitly held to be non-curriculum related. Political science club is undeniably political,
GSA falls under both the political and controversial categories, and even the Conservation and G.E.O.
clubs could be considered political and controversial.
The school may not pick and choose among clubs based on its particular preferences for what the
overal I content of the group's proposed speech should be. Your denial of Elizabeth and Grace's request
to form and operate a pro-life group on equal footing with these other non-curricular clubs constitutes a
clear violation of the EAA.
The EAA's protection of a club 's right to meet goes beyond merely a gathering of the student
members of the club. The EAA explicitly defines "meeting" to include "those activities of student
groups which are permitted under a school's limited open forum and are not directly related to the
school curriculum." 20 U.S.C. 4072(3). Thus, in addition to permitting the club to meet in school
facilities, the EAA requires that the school permit Trojans for Life to put up posters, have meeting dates
and information included in announcements and the school calendar, have a club picture in the
yearbook, and engaged in any other activities that other clubs are permitted to do at Parkland High
School.
This also prohibits the school from subjecting a pro-life club to any conditions that do not apply
to all other non-curricular clubs at that school. Placing requirements on the posters, leaflets, or
announcements of a pro-life group that differ from those for other groups, for example, is unlawful
differential treatment.
Recognizing this pro-life club as an official school club does not mean the school is endorsing or
"supporting" its message- and the students are smart enough to recognize this. In general, simply
allowing the formation and operation of any club does not indicate that a school approves or endorses
the group's message, nor does it indicate that the school has "taken a stance" on the issue. Observing
that "the proposition that schools do not endorse everything they fail to censor is not complicated," the
Supreme Court has held that public high school students are mature enough to understand that a school
does not endorse or support speech that it merely permits on a nondiscriminatory basis. Mergens, 496

Page 4 of 4
U.S. at 250. Congress recognized the same point when drafting the EAA, stating that "[s]tudents below
the college level are capable of distinguishing between State-initiated, school sponsored, or teacher-led
religious speech on one hand and student-initiated, student-led . .. speech on the other." Id. at 250-51
(quoting S. Rep. No. 98-357, P. 8 (1984)).
Finally, Parkland School District's own policies guarantee Elizabeth and Grace ' s right to form a
pro-life club. Policy 122, Cocurricular/Noncurricular Activities, states that the district "shall provide
students the right to form organizations, with the approval of the principal. These organizations may
take as their purpose any lawful objective, whether or not related to the school curriculum." Parkland
School District Board Policy 122, available at: http://www.boarddocs.com/pa/parkland/Board.nsf/
Public?open&id=pol icies# (last accessed May 17, 2017) (emphasis added). There is no conceivable
argument that Trojans for Life, with a mission to "establish an active pro-life culture among the youth of
our community by educating our peers on life and by actively promoting the right to life for all persons,"
does not have a lawful objective as its purpose.
There is no legally acceptable reason to deny Elizabeth and Grace's request to form a pro-life
club at Parkland High School. Therefore, we request that you reverse your decision and promptly
approve Elizabeth Castro and Grace Schairer's request to es tablish, publicize, and actively run a
pro-life student group at Parkland High School.
We respectfully request your response by Wednesday, May 24, 20 I7. Any response may be
directed to the Thomas More Society at the address listed above, or via email to
JDFloydJD@gmail.com.
Thank you for your attention to this matter.
Very truly yours,
l /
1 (Jr,e,
vP /!
I
Jocelyn Floyd /
Special Counsel
Thomas More Society
EXHIBITE
Trojans for Life

Club Proposal, Sample
Meeting, and Constitution
~ xhibit E I
Club Proposa I
{. ontact In formation of Students Proposing Club
A. Name
l. Grace Sehairer
2. Elizabeth Castro
B. Email
1.
2.
C. Phone
1.
2.
II. Name of Proposed Club
A. Trojans for Life (TFL)
ITT. Description/Purpose of Club
A. The m ission of Trojans for Life is to establish an activ1. pro life culture among
\'tHHl1 "' 11111 to, .... u .. ,i'JOL , by educati ng our eF.r-- e, be on life and
by ac ti \ c ly promoting the right to life for a ll persons (pre-born and born).

B. (see attached constitution draft)
IV. (ioab of Proposed C lub
A. To educate ~ o rm ml-i about life.
B. Promote the right to life for a ll per,ons.
C. Supporting local organizations (i.e. M ;:iry's Shelter)
D. To establish an active pro- life culture among our ~"'' t'mbcr,.

V. vents of Proposed Club
A. 'rp{tt >< 1 =u t uuc., twnal , 1 in r-; A+fttR-1!
l. Host local pro- I ife leaders to come and talk to ~ 1 1 mh ;,
ahout dialo. u ing skills.

B. Memorial service
T. Meet al tt- tOt.'fH rWJrt111n lt1t:1lttysd1no d str 1:.t "Pl 1\ ~d l,)c 1t1l I and spend tune in silent
r1. l 1. tion.
regnan cy resource centers

T. Meet at facilities :such as Mary 's Shelter. Care Net, ~he ( h1111t t' ,.
, 11 0. , 1 t 11 C I" C hO O _ .., , , , I' I C t l :'l .P r O \ C d
" , t 1 l' 1 .., * to \ oluntecr

0 . Diaper drive
I. Collect diapers and/or other baby items to donate to local pr1.gnancy
cente ,. l , 1.l L)y s1. 1Pot u.,, .... ,r.

VT. Meetings
A . Roo Bl2 1
B. Monday from 3:05-4:25pm, Bi weekly.

VII . Advisor
A. Mr Kiernan
Sample Clu b Meeting Agenda
ntroduction ol officers.
A. Have each person sa) their name. grade, and why they are interested in the
pr -h e c lub.
B. Pa-. around a dipboard for everyone in attendance to sign in with their name.
6,rade. email. address. and phone number.

II. xplain )Our vision for the club and what you would like to aLcompfo,h as a student
~ h.
A. What e, ents "1d activities would you like to do to accompl-i :sh Im,~?
ti Ask ford ifferent eYent and campaign ideas from the
Ill Poll the tudents on '-" hat interested them the m ost.
A . Ask the students for their areas of interest. r ,n x '"I'I o you have 'ituden ts that arc more
intere ted in pregnanc ) resources? \,fake a note of it so you can b
sure to includ e them when you host -an event the) would be interested in or give
them opportun ities to lead new proj1:ds
IV Set asid some time for people to ask questions about the club.
V. Set a date and time for your next meeting and decide on your first event.
VI. I .at and sociali/c !
A Make time to get to know the people who came! Play a game or have an
icebreaker so tha t students fee l the) have connected with each other.
Constitution for Trojans for Life
Article 1: Na m e
The name 01 th is organization Is TroJans for Life.
A rticle TI: Mission
The mission of ojans for Lif L to establish an active pro-life CL lture among ., ye1e1th ef e1e1r
ceAHl'H:l A 1tvo by educati ng our ~ on life and by actively promot ing the
right to life for a II persons (pre-born and born).
Article ll I: Members
Sfft/011 ti - Tn~ ms for Life i, open to all Parkland students. faculty and staft No student. facu I
or staff may be demed members hip on the basis of race, ,e., religil,f' ethnicity, national
ongin. c(,lor <1ge. or di bility.

Sc, lion ? To become member one must request membershi p w rball) or , ta email to president.
vice president, or other executive officer. \.!embers must provide adequate contact informat10n
and be ,, 11 li ng to attend meeting,
Article TV:Officers
S lion 1- The ol 11ccrs will include a president. vice pre... dent, treasurer. secrctaf). a <.: pub ic
rdations coord mator.
Sution 2- Officer-.~ ill hold office for one school year (September-June). startinJ th I J
, ho .,nd end ng on the las day of schoo l. For the first fu ll )Car of existence. officers will be
,1ppointc<l No o cer should hold any pos1t1on for more than two school years. However, they
do have the option l running for a her office after their two years.
Se lion 3- Roi c... of oflicers ,, i 11 be as follows:

Presid
Pro ide 1~ ) 1 '1d direction short-term nd long-term

Oversees all other officer... and helps them carry out their duties
Delegates tasks among officer:- and members
Runs meetings
I the public face of the organi ion
Ensures all tasks are completed
M otivates other membi:rs
Vice President
o Assists the president in managing officers and members
Fill-.. in for president "' hen needed
o Hd p-.. plan e\enb
o l elps president develop
ideas , Manages
committees
+Re'-
Manages finances
Coordinates fundrai s ing even ts
Tracks donors a nd v,,rites thank you notes
Develops budget and turns into Student Activiues director
Keeps track of banking information
Seer tary
o \\ rites notes on meetings
o Contacts and encourages inconsistent member...
Sends updates to Student fo1 Life of America ( tt-ffi'aRi.tHto11 ,,,,.tt4 M
l-.J..; l I , t C'll, "Ill ll-11 'l 'lvt- .i -prof I (' ' 11 .1, t O b, <. I Ill <;,,rots_): \ l \ Irg_ll I )
Keeps track of pictures and files
Public rela tions c.oord inaor
( Maintains a po iti e attitude toward speaking about li fe
1ai,;c.., p 1cturcs and videos dur ing ,uri events
c 11anages ci, 1 med ia accounts
o D lop r lation hip ,, ith local r..::gional. and nationa 1 pro-lif rgani a110ns
Pa1iners wi th other pro- li fc fri endly groups and advertises w ith and through them
Section 4- The impeachment of any officer can only occur when two-thirds majority of officia I
members ar presen t to vote for impeachment, or a unanimous vote is reached by oflicers.
Officer must ck arly slate the reasoni ng for impeachmen and take a secret vote. Grounds for
impeachment can include violence against another member or other studenh. lying.
inappropriate speech or action-; etc.

Section 5- In addition to th e officer positions, il is at the president':-. discretion to appoint students
to committees to coordinate specific events or activities.

S tion 6- Officers who maintain or ad\ lH. ate poinb of view regarding abmtion and other life
issues and practice s that are contrary to Trojans for Life's mission and stated goals will be
removed from their office until L1,Wa\ 1or tmtl or ,mo, t110'
rn, 1 1 no1'1h ot \ ,c~ r~ , 11 ned \ " ,h t l-, s 111 ..,.., The \ oting m em bers arc
respons ib le for removing and reinstating officers who pertain to this section .
Remo, al an d rei n-,t~1tement rl!quire two-thirds majority vote of the voting members.
Article V: Elections
S tion -1- 1 Elec ti on of officers will take place at an election meeting to be held once a year
during the spring semester at least one month before the last day of classes.
Sect ion : - Any official member may be nominated for office or nominate oncsL If.
Se l i on 3- Members wh o are running for office must be nominated by previous officers. An
inten iew wi 11 be held and members w ho want to run must prepare for it. Officers will pick best
qua lified members to run for office.

Se tio11 4- Officers must be elected b: simple majority via secret ballot. Only active members ar
eli gible to , ote. Mem bers must be present to vote .
.Sect ion 5- Elec t ions mu st be annou11Led at least 2 weeks pri or to them being held and ad ised
throu gh all officia I group communication channels.

Set rion 6- If any officer dec1Lies to step dovm, nominations will be accepted at the ne-xt meeting
and a ne\, o fficer wi 11 be elected one meeting later.

S tion ., In ca e o f no pen,om, to fill thL role of president or \"ice president an interim ill be
appointed b\ the prev ious president. Th1;. interim president will hold the po..,ition until the fa ll
me~ . r and nc\, elections can be held. The interim president wi 11 h a\c no authorit) to hold the
position after two months of the new semester has passed and can be removed from the ir office
at any point by the ath isor.
Article 6: Advisor
'lllblCd Iv 1 n r , I nt I oo D1~ n t he ad\ isor reque1,te d by the founders of the club
will remain the advisor uncil he or she chooses to resign from the pos ition . However, if the
adviso r is not in agreement with the \ isio n a nd
missio n sta te ment of the group, the officers may choose to request ::irll\ 'll t om t i- c;;clwol
lJ stri~ t .!l a new advisor.
Article 7: Meetings
Sect ion _ - The pres idcnt mu~t call a meeting at least once a month during the fa ll and spring
mester-;. Any official member may call a meeting through the consent of the officers. I f none of
the officers arc able to be present fo r a meeting, a meeting will not be held at that time .
Sect ion 2- The secretary or other assigned member will pass around a sign-in sheet and will keep
notes on the meeting.
Article 8: Amendments
I n o rder to amend the constitut ion, an amendme nt should be submitted to the pres ident or at least
tw o officers. At the next m eeting, the president. or the two officers. will announce the propo sal
and a vote \Vill ta ke place by secret ballot. Two-thirds of the official !:,'TOUp me mbers must be
present to vote and a majority is necessary for approval.
Sig natu res:
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Case 5:17-cv-03087-JLS Document 1 Filed 07/11/17 Page 4 of 36

IN THE UNITED STATES DISTRICT COURT

ELIZABETH CASTRO, by and through ) Case No.

VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF,

hereby complain of the defendants, Parkland School District; Richard T. Sniscak,

Defendants, and state as follows:

injunctive relief as well as damages, attorneys' fees, and costs.

JURISDICTION AND VENUE

States Constitution and 42 U.S.C. 1983.

1331 and 1343.

7. Venue is proper in this District pursuant to 28 U.S.C. 1391(b). A substantial part

information and belief, at least one Defendant resides in the District.

8. Plaintiff Elizabeth Castro is a United States citizen and resident of Breinigsville,

co-founder of the student group 'Trojans for Life.''

9. Plaintiff Grace Schairer is a United States citizen and resident of Allentown,

co-founder of the student group "Trojans for Life."

l 0. Plaintiff Trojans for Life is an unincorporated association and proposed student

12. Defendant Richard T. Sniscak ("Sniscak"), a resident of Schnecksvi lle. Lehigh

individually and in his official capacity.

13. Defendant PHS is a high school located in Allentown, Pennsylvania. PHS is a

public school administered by PSD.

14. Defendant James E. Moniz TI ('Moniz"), a resident of Bethlehem, Northampton

15. Defendant Jude Sandt ("Sandt''), believed to be a resident of Allento\,n. Lehigh

122. Cocurricular/Noncurricular Activities, available at:

http://www.boarddocs.com/pa/parkland/Board.nsf/ Public?open&id=policies# (last accessed July

objective. whether or not related to the school curriculum.'' Id.

Student Fundraising, available al: http://www.boarddocs.com/pa/parkland/Board.nsf/

Public?open&id=policies# (last accessed July 10, 2017).

fundraising activities at PHS.

in determining when to permit an approved student group to engage in fundraising.

enrolled and attending PHS, Allentown, Pennsylvania.

junior enrolled and attending PHS, Allentown, Pennsylvania.

assistant principal, how to form a new student club.

Moniz II, Apr. 6, 2017.

http://W\vw.parklandsd.org/phs/parkland-high-school/activities/clubs/ (last accessed July 10,

Society Demand Letter, May 17, 2017.

concerns PSD had with the proposal.

enjoyed by other clubs. Specifically, Defendants required:

a. that Plaintiffs rewrite their Mission Statement;

b. that Plaintiffs give up the right to fundraise for religious entities;

c. that Plaintiffs abandon certain proposed off-campus activities (specifical ly,

conducti ng a "memorial service" outside an abortion clinic, stating concerns over

the "dangerous" nature of the activity);

d. that Plaintiffs rewrite their proposal / constitution to restrict their activities,

"peers" at the school;

they be "subject to the approval of the school" (specifically, among others,

volunteering at pregnancy resource centers).

See Ex. E, Redline of Club Proposal and Constitution.

usages of the Commonwealth of Pennsylvania.

efforts at recruitment, association, and dissemination of their message.

CLAIMS FOR RELIEF

46. Defendants' ban on Plaintiffs' ability to engage in fundraising for religiously-

rights under the EAA.

of Plaintiffs ' rights under the EAA.

49. Defendants' conditioning establishment of Trojans for Life as a student club on

forth hereinafter in the prayer for relief.

Defendants' Actions Violate Plaintiffs' Rights of Freedom of Speech and of Association

recognizes and protects the right of freedom of speech and of association.

54. Defendants' denial of Plaintiffs' request to operate a pro-life group on equal

rights of freedom of speech and of association under the First Amendment.

freedom of speech and of association under the First Amendment.

58. Defendants' conditioning establishment of Trojans for Life as a student club on

upon P laintiffs' right to freedom of speech and of association.

forth hereinafter in the prayer for relief.