[1.] The factual allegations from today's decision by Robert Scola (S.D. Fla.) in Stevens v. School Bd. of Broward County:
The Plaintiff, The Reverend Dr. Timothy "Chaz" Stevens, is an ordained minister of The Church of Satanology and Perpetual Soiree. The Church "promote[s] religious plurality, secularism, and the separation of church and state through public expressions of minority viewpoints." As such, "displaying banners with messages advocating for religious freedom and First Amendment principles is a form of sacred observance, deeply and doctrinally rooted in The Church's belief that such advocacy is a moral and spiritual obligation." Displaying banners with phrases such as "Satan Loves the First Amendment" "are essential to fulfilling [the Church's] religious mission."
Between December 2023 and September 2024, the Defendant, the School Board of Broward County, Florida …, allowed religious organizations, such as Calvary Chapel and Potter's House, to display banners at West Glades Middle School, in Parkland, Florida, and Coral Springs High School, in Coral Springs, Florida, respectively. Such displays "carried religious messages and were permitted without issue." These banners were displayed despite the school board's policy "prohibit[ing] using school facilities to promote religious, commercial, or political interests without board approval and requir[ing] that signage not be 'sectarian in nature.'" Specifically, the policy states:
[F]acilities owned or leased by the School Board shall not be used for advertising or otherwise promoting the interests of any commercial, religious, political or other non-district agency or organization except as permitted through Board approved agreements, School Board policies, or State Statutes.
In October 2023, Stevens asked a high school and a middle school that they "display a 'Satan Loves the First Amendment' banner"; both refused, and removed banners for Calvary Church that had been displayed on the schools' property. The school board also "adopted a new policy that 'provide[s] better oversight' of the banner approval process by having '[a] regional superintendent [] approve requested banners,'" but the court held that "because Reverend Stevens has plausibly alleged an unofficial custom or policy of viewpoint discrimination (as the Court discusses below), the new policy does not affect the Court's analysis on the school board's motion to dismiss."
