U.S. Dept. of Justice opens inquiry into Plano school’s restrictive red/green Christmas policy

Merry Christmas and a Happy New Year!

"When will DOJ investigate the anti-Christian ,unlawful arrests in Philadelphia --where the Christians are called "hateful" and preaching the Bible equated with "fighting words"--SO much for city of brotherly love-eh?"

Good question. I guess this is easier. Strain gnats and swallow camels.

I see you have nothing with which to refute the RESULTS, so I will wish you a very Merry Christmas and a Happy New Year , as well.

""When will DOJ investigate the anti-Christian ,unlawful arrests in Philadelphia --where the Christians are called "hateful" and preaching the Bible equated with "fighting words"--SO much for city of brotherly love-eh?"

Why don't you ask them to? After all, if people are going to cry a river over the choice of colors at an elementary school celebration and demand federal intervention....

Lawsuit puts spotlight on political correctness

BY BRENDA BERNET, STAFF WRITER 12/21/2004

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Students at Thomas Elementary School leave class Friday after their holiday parties. (Matt Nachtrieb/Staff Photo)

Holiday parties at Plano schools appeared to be pretty routine as children indulged in sweets and enjoyed some fun the last day before winter break, parents and students said.
Pamela Ibanaz, a third-grader, left Thomas Elementary Friday with a cup filled with candy. Her friend and classmate Sara Rasul carried a s'mores ornament she made. The ornament carried a "marshmallow" snowman riding on a sled, with a "chocolate bar" as a cushion. The girls said their class party was fun and included lots of candy and chocolate.

But the annual holiday parties sparked a controversy last year when Jonathan Morgan, then a third-grader, allegedly was not allowed to bring gifts to the class party because bookmarks with a Christian story were attached to the candy cane pens he brought for he classmates.

Four families, including the Morgans, filed a federal lawsuit this week over Plano school district policies and practices that the families say have violated their students' rights to practice their religion. Attorneys with Liberty Legal Institute are representing the families.

The "Candy Cane Case" has put a spotlight on political correctness and holiday etiquette.

"As previously stated, the Plano ISD has repeatedly indicated to Liberty Legal its belief that each student has a right to religious expression and the Plano ISD is committed to providing students with that right," reads a statement the district issued Thursday. "The Plano ISD is proud of the uniquely diverse population of students enrolled in the District and their diverse religious beliefs."

Christmas trees are decorated in the district's Administrative offices, and displayed greeting cards say "Happy Holidays" and "Season's Greetings."

District policies do not allow for school-sponsored religious observances, and elementary school campuses schedule winter break parties.

"The cultural and historical aspects of religious holy days and their meaning may be taught, but such holy days may not be recognized with religious observances," district policies state.

As early as Dec. 1, campus administrators were given new guidelines to allow children to exchange both secular and religious gifts during the winter break parties this week. School district officials gave the OK after declaring the parties as non-instructional time.

Still, a federal judge issued a temporary restraining order Thursday to guarantee that no one would interfere with the gift-giving, though officials with the Plano school district have said the order was not necessary.

During the third-grade party at Harrington Elementary School Thursday, children seemed to have fun making snowflake ornaments and greeting cards with a snowman on the front. Students also had the option of working on a non-seasonal maze puzzle, said Debbi Oliger, a room mother who helped organize the party. Students in the Chinese, bilingual pre-kindergarten played instruments they made for the Chinese New Year through the halls.

Parents provided treats that included a sheet cake with a picture of a menorah and Christmas tree cookies, as well as green plates and red napkins. The children come from a variety of religious and cultural backgrounds.

"We all know that there's a balance," Oliger said. "The kids are the ones that suffer if they can't enjoy it and celebrate it."

In the classroom, teachers can instruct students in the study of comparative religion and on the history of religion and its relationship to civilization, school district policies state. Any studies of religion should be academic and should foster mutual respect among students and advance their knowledge of the role that religious heritage plays in the social, cultural and historic development of civilization, district policies state.

Thomas fifth-graders enjoyed a winter break brunch with doughnuts, fruit, bagels and breakfast burritos on Friday. Students watched as two teachers dressed another teacher as a snowman using toilet paper.
"It was cool," fifth-grader Britni Long said. "The whole day we got to talk. It was heavy eating. We couldn't even eat the lunch."

In the past when Thomas parent Vicki Long has helped with class parties, the parents have received guidelines and have complied.
"We've gone out of our way to make sure the kids have a good time," she said.

As a Christian and a Catholic, Long said she knows the feeling of having religion forced on her, and the children are not likely to accept Christ because of religious gifts.
"Your actions speak more than a pencil or a candy cane," she said.

Plano families fight school district policies

By: 12/16/2004

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"The Legend of the Candy Cane" has resulted in a federal lawsuit against the Plano school district concerning the place of religion in schools.

The tale begins, "A candy maker wanted to invent a candy that was a witness to Christ. First of all, he used a hard candy cane because Christ is the Rock of Ages. This hard candy was shaped so that it would resemble a 'J' for Jesus, or turned upside down, a shepherd's staff."

A year ago, school officials allegedly would not allow Jonathan Morgan to give out candy cane pens with an attached bookmark of "The Legend of the Candy Cane" to his classmates.

Although Morgan can bring his gifts to school this year, the incident brought attention to school district policies that at least four Plano families believe restrict the religious freedoms of their children.

During a Wednesday afternoon press conference, Kelly Shackelford, legal counsel of Liberty Legal Institute, announced that his firm had filed a lawsuit in the U.S. District Court in Sherman on behalf of the four families.

In a statement prepared by its attorneys, Plano school district officials state that the district is committed to protecting students' religious freedoms.

"The Plano ISD has repeatedly indicated to Liberty Legal its belief that each student has a right to religious expression and the Plano ISD is committed to providing students with that right," read a statement prepared by the district's attorneys.

"The Plano ISD is proud of the uniquely diverse population of students enrolled in the District and their diverse religious beliefs," the statement continues. "The Plano ISD will continue to pursue its mandate of 'teamwork for excellence' within its schools."

The lawsuit cites situations at Thomas Elementary, Hughston Elementary, Wells Elementary and Razor Elementary in which school officials have kept students from distributing free tickets to religious events, pencils with the word "Jesus" and the candy cane pens with religious bookmarks.

"Our schools are not zones of religious censorship," Shackelford said. His law firm has filed lawsuits in many cases involving disputes over First Amendment freedoms.

And when Morgan was in third grade last year, his principal and teacher would not allow him to hand out the candy cane pens and bookmark during the class party because of their religious nature, the lawsuit states. While he could not give out the religious messages, his classmates were allowed to exchange other secular gifts. School officials told Morgan he could only distribute his gifts in the library or on the sidewalk, according to the lawsuit.

The Morgan family said last year they planned to file suit after the incident. After news reports told the story, Liberty Legal Institute received calls from other families who told of similar problems at Plano schools, Shackelford said.

"It's part of a pattern and practice at Plano ISD that really has to be put to a stop very soon," said Hiram Sasser, one of the attorneys in the case. "It's sending a very clear message to the students that religion is not to be allowed in the building. That's a terrible message."

School officials stated Wednesday that a decision was made earlier this year that children could distribute any materials, including those that are religious, during class parties because they determined that class parties are non-instructional time.

"As a result, the District decided that students and parents could hand out any materials, written or otherwise, that they desired as long as the distribution did not cause a material and substantial disruption to the school environment," read the district's statement.

However, Liberty Legal disputed the district's response with a statement issued late Wednesday afternoon.

"We have been told Plano ISD released a statement that they were planning all along to do the Christmas Party during non-instructional time and that students would be allowed to pass out anything they want," the statement reads. "This is untrue. They have never told the parents, students or their attorneys this. In fact, in their letter of just one week ago to parents, it explicitly states that the school policy prohibiting distribution of materials at school would apply."

But Liberty Legal attorneys state that the district must still change its policy.

"This would not, however, resolve all the problems," the statement from Liberty Legal concludes. "Are they still going to apply this unconstitutional policy during the rest of the school day each day, just not during the Christmas Party? Will more little girls be told they may not hand out pencils with "Jesus" on them?"

Speaking for his son, Doug Morgan said Wednesday that Jonathan wanted to share his Christian beliefs with his friends, a practice that is encouraged at home and at church.

"My child just with his Christian beliefs, feeling that a religious message is something we're commanded to do as part of our teaching, and then to be precluded from doing it made him feel like for some reason it wasn't OK," Doug Morgan said. "It wasn't something that was appropriate to be shared in public." --- missing word?

But Sasser said a 1969 Supreme Court decision, in Tinker v. Des Moines, allows for all free speech, including religious speech, as long as the speech does not disrupt school activities and does not interfere with the rights of others.

"We want them to do that," Sasser said, saying that the district's legal policy reflects the Supreme Court ruling.

The district's local policy states that classrooms are designated for student instruction and hallways simply connect students with classrooms and lockers.

"Each school campus shall designate an area where materials that have been approved for distribution, as provided below, may be made available or distributed to students or others in accordance with the time, place, and manner restrictions developed and approved by the campus principal," the district's local policy states.

The district policy requires prior review by school officials of all written material outside of the district's control. School officials can prohibit the distribution of materials such as fliers and pencils if they are obscene, provide a danger to health, violate the rights of another person, contain defamatory statements about a person, criticize the school board or school officials, promote in disruptive action or include attacks on groups of people.

Schools have some legal authority to restrict First Amendment rights at school if those rights interfere with school activities, said Lackland Bloom, a law professor at Southern Methodist University who teaches constitutional law. The question is what the district is trying to protect in limiting religious speech.

"Obviously, there's more latitude in a school setting, especially an elementary school setting, but there's some limits," Bloom said.

At the same time, Schackelford knows the law and wins many cases, Bloom said.
Shackelford said that if students can talk about Madonna and the Cowboys, they can talk about their faith.

"Jonathan just wanted to participate like everyone else with the goodie bags," Shackelford said. "He was excited about being able to hand something to them in connection with Christmas that was really personal to him. It's something that he believed and he wanted to share with his fellow students."

And government officials do not have the right to tell students and others what they can say, Shackelford said.

Contact staff writer Brenda Bernet at 972-398-4265 or bernetb@scntx.com.

©Star Community Newspapers 2004

Isn't Plano the Teen Suicide Capital of Texas, with more high-schoolers killing themselves there than anywhere else in the state? There's something sick about the north Dallas conspicuous-consumption culture. I wouldn't think that exposure to too much religion should be one of the major worries in that area.

Yes, we've all seen this, and we know what is what.

Reporters stampeded to Plano, Texas, spotlighting its 19 teenage and young-adults deaths from heroin overdoses in two years as the tip of a national youth smack epidemic (L.A. Times, 11/30/97). As it turned out, the Plano victims didn't know the "chiva" they smoked contained heroin. More crucial, the national media herd never pondered why, if smack was sweeping the young, they had to journey to Plano to find a teen-heroin crisis.

Later, DAWN reports showed 1996's teen-smack panic was another media chimera. Of 8,500 heroin deaths in 1996 and 1997, just 48 were teenagers--and one-fourth of these were Plano's. Of 145,000 hospital treatments for heroin, fewer than 1,000 were youths.

http://64.233.167.104/search?q=cache:Ky15cDb4VWAJ:www.fair.org/extra/0011/teen-drug.html+plano+texas+teen+drug+deaths&hl=en&start=1

"Isn't Plano the Teen Suicide Capital of Texas, with more high-schoolers killing themselves there than anywhere else in the state? There's something sick about the north Dallas conspicuous-consumption culture. I wouldn't think that exposure to too much religion should be one of the major worries in that area."

That was true in the 80's, when there were many fatal drug overdoses that very well may have been suicides. Our emergency room was full of them. The Plano Police did a good job of running down and breaking up the drug ring on the east side of town that was supplying the kids with chiva and black tar heroin.

This area grew rapidly in the 1980s, attracting lots of high acheiving parents with lots of money. Kids were left with little to no parental supervision and lots of cash.

There were too many deaths, period.

Had to do with money, poor parenting, and the availability of heroin in the area.

There was Nighline show about it. But I do believe it was a bigger problem here in the mid-eighties.

What isn't being said here is that there is a large diverse population of people who live in Plano and who use the Plano schools. We have Muslims, we have Wiccans and Pagans, we have non-believers, and we even have one woman who has founded the Church of the Immaculate Contraception.

Diverse as the population may be in their beliefs, Christmas is the only legal federal holiday and one would think, the proper celebration of such is also a federally protected function.
So, where do the A-holes in the school district get the ba**s to obstruct the celebration of a legal holiday?

Thank you very much.

For common sense to return to our society, we must elect more "POLITICALLY IN-CORRECT" men to public office who refuse to wear lacy pink panties!!!

You're welcome, and good luck.

"So, where do the A-holes in the school district get the ba**s to obstruct the celebration of a legal holiday?"

Probably because they have the ***** to set the policies for their district, which is the duty that we, the tax paying citizens of this city, have charged them with.

I have asked them to investigate.HAve written to President Bush, to Senator Santorum, and to DOJ about the irreconcileable actions in Philly against Christians --
If it aint contained in Philly and snuffed out America
will be as Sodom and as Gomorrah sooner than I wish.

Following your logic, then, public school time should also be taken for Pagan Yule Log sacrifices, Ramadan , Maha Shivarathi, Yom Kippur, Birth of the B'ab, Bodhi Day, Ganesh,Kwanzaa etc.

I have no problem in schools explaining the meaning and background of those days, it comes under the topic of general world religions. However, celebrating Christmas is the issue here, Ms Grinch, and children and families who are non-Christian should not feel threatened by red or green paper napkins or plates. Are the schools teaching the detailed Christian theology surrounding Christmas - NO. IF they were, then you'd have a right to get your knickers in a knot. And that is where the line should be drawn.

Personally as a tax payer, I want the time used to give my children an education in that which can be quantified and measured.

Then you should spend your time ensuring that RATHER than defending such a STUPID policy as the Plano school district has as per the thread title.

What the heck, Baptists and Catholics won't be traumatized a bit...right? No one will mind their own kid being exposed to pagan beliefs, Islamic beliefs...right?

You need to wake up as this is already happening in our schools across the nation.

Islam was not confined to four walls on 911. Are you asserting that this is a desirable state of affairs?

Don't even try to go down that road. Terrorists seeking to justify their actions on religious basis are a completely different manner.

The minute you take your attitude, you open the door to anarchy.

Since when has Christianity promoted anarchy. Get a grip

Then you have opened the door to religious expression of all stripes in every public place, including public schools. So please don't complan when your child is exposed to pagans dancing around a burning log at the winter holiday celebration. You need to understand that religious freedom means religious freedom for EVERYONE, not just for a few activists.

As I said before, wake up, this is already occuring. BTW, your children are exposed to plenty of this stuff out of school too (how well do you censor their TV viewing?). Secondly, if the schools are teaching DOCTRINE, they are wrong. Yes religious freedom for EVERYONE. And there is an inherent risk in that people have to act responsibly. Have you forgotten that is why most of our country was origionally settled? By people seeking to worship God out of their own consciences in a place where they wouldn't be persecuted. Whoops, forgot that they don't teach that fact of history in our schools anymore. And the few 'activists' are those who want to censor God completely out of American life. So if you have a problem with that, contact the ACLU and their ilk.

" However, celebrating Christmas is the issue here, Ms Grinch, and children and families who are non-Christian should not feel threatened by red or green paper napkins or plates."

At issue here is the enforced observance of one religion's major holiday celebration by people who may not wish to participate. If we enforce the observance of one religions observance, we must enforce the observance of all. That's the law.

"Then you should spend your time ensuring that RATHER than defending such a STUPID policy as the Plano school district has as per the thread title. "

After twenty + years in the district, I am completely satisfied that the Plano district consistently delivers
the education I desire for my children.

"You need to wake up as this is already happening in our schools across the nation. "

Curricular exposure to other modes of thought is one thing. Loose cannons forcing their private belief system onto everyone else with no oversight is quite something else.

"Don't even try to go down that road. Terrorists seeking to justify their actions on religious basis are a completely different manner. "

Not at all. Osama bin Laden agrees with you that religion should come out of the house of worship and into every aspect of life. That's just fundamentalism. I can understand why you would try to quash that idea ("Don't go down that road.") Unfortunately, the comparison is inescapable, and has been made endlessly for several years , all across this great country, and by minds better than my own.

"Since when has Christianity promoted anarchy."

"I come not to bring peace but a sword."

You can start there.

Listen, darling. The strategy here is crystal clear. Sue the PISD over their policy and win on the merits. (It's not as if the Plaintiff was not presented with an alternative, btw. He was perfectly free to use the free speech area outside the school where anyone may distribute anything as long as it is not obscene. This wasn't good enough. The Plaintiffs insist upon being more equal than everyone else. They want to distribute their candy canes INSIDE the school, and not be relegated to the free speech area like the Muslims and all the other rabble. Only the classroom was good enough for them.) So they sue, and so they win. Where does that leave the PISD?

Open to suits from every religious organization that wishes to enforce their particular major religious celebration within the school walls. Open to lawsuits alleging psychological harm inflicted by being forced to participate in said celebrations. In fact, I am willing to bet that there could be so many lawsuits, the district could literally be sued into bankruptcy.

That's the goal, darling. That's the strategy. Take the district down, disestablish it in any way you can. Attack any way you can. Creationism, Christmas and Christianity. The C strategy.

Poor PISD! They have a double whammy against them in a lot of people's book because they actually deliver a quality product and give the lie to all the ranting and raving about the public schools.

They have become a target.

"Get a grip."

Pfffft. You started it.

"As I said before, wake up, this is already occuring."

In terms of curriculum, the kids do read quite a bit of non-Western literature, and that's fine with me. Curriculum has to be approved, curriculum is standardized, people who write curriculum are accountable to the tax payers.

Activists with a personal religious agenda are quite another story. They are accountable to no one.

"Secondly, if the schools are teaching DOCTRINE, they are wrong. Yes religious freedom for EVERYONE. And there is an inherent risk in that people have to act responsibly."

Good point. The Plaintiffs are not acting responsibility according to Plano community standards, in my personal opinion. As a long term resident of Plano, I am well aquainted with these standards of community behavior. In this community, acting responsibly means, among other things, observing and respecting the religious and personal boundaries of all other community members. These Plaintiffs are demonstrating less personal responsibility than the rest of the community, ( as well as demanding more equality than everyone else,) by exposing both the district and its 50,000 children to harm by opening the door to chaos. This is my opinion as a local citizen and taxpayer.

"Have you forgotten that is why most of our country was origionally settled? By people seeking to worship God out of their own consciences in a place where they wouldn't be persecuted."

Or not.

"Whoops, forgot that they don't teach that fact of history in our schools anymore. "

It's okay. I'm probably more educated than you. I actually don't need your history lesson. But thanks anyway.

At issue here is the enforced observance of one religion's major holiday celebration by people who may not wish to participate. If we enforce the observance of one religions observance, we must enforce the observance of all. That's the law.

The kids are trying to have a simple Christmas party, not dragging them to church. BTW the law is well established that school children CAN bring religious items to these parties. BTW, if the Justice Department is involved, it is because there is a likelihood that those rights are being violated.

Curricular exposure to other modes of thought is one thing. Loose cannons forcing their private belief system onto everyone else with no oversight is quite something else.

The loose cannons are the ones banning red and green paper plates and napkins.

"Since when has Christianity promoted anarchy." "I come not to bring peace but a sword." You can start there.

Oh how cute. I won't bore you with an expanded exegesis of the passage, since you took it out of its context to begin with. Suffice it to say that Jesus was not promoting anarchy with that statement.

Activists with a personal religious agenda are quite another story. They are accountable to no one.

Wrong, you have every right to take them to civil court, if you have a case. Who are you accountable to?

The Plaintiffs insist upon being more equal than everyone else. They want to distribute their candy canes INSIDE the school, and not be relegated to the free speech area like the Muslims and all the other rabble.

Ah now I see that you are equating Christianity with rabble. Problem is the law doesn't support your position and the only ones who are insisting that they are more equal are those who are trying to force their secular beliefs upon children. Oh and BTW, children's free speech rights don't stop at the school doors - supported by the law and courts.

Poor PISD! They have a double whammy against them in a lot of people's book because they actually deliver a quality product and give the lie to all the ranting and raving about the public schools.

I'm crying a river. May be they should focus their policies on things more important than red and green paper plates and napkins.

The Plaintiffs are not acting responsibility according to Plano community standards, in my personal opinion. As a long term resident of Plano, I am well acquainted with these standards of community behavior. In this community, acting responsibly means, among other things, observing and respecting the religious and personal boundaries of all other community members. These Plaintiffs are demonstrating less personal responsibility than the rest of the community, ( as well as demanding more equality than everyone else,) by exposing both the district and its 50,000 children to harm by opening the door to chaos. This is my opinion as a local citizen and taxpayer.

Clearly the plaintiff(s) are also members of the Plano community and they have the right to disagree with your opinion. In your world view you prohibit the right to dissent. Anyone with a contrary view is automatically categorized as less than responsible. Well, if it were my kids in there, the schools would be hearing from me because I would be just as equal as anyone else. Sorry if you can't handle another parent's opinion of district policy.

It's okay. I'm probably more educated than you. I actually don't need your history lesson. But thanks anyway.

Yep, I'm just a hayseed hick with a computer spewing all that religious stuff with no intelligence to back it up.

Just marking my spot so I won't miss the next arrogant post that's sure to come your way.

Have a joyous and peaceful Christmas.