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  • The Commercial Appeal

    Memphis-Shelby County Schools, Satanic Temple settle First Amendment lawsuit. MSCS to pay $15K

    By John Klyce, Memphis Commercial Appeal,

    8 hours ago
    https://img.particlenews.com/image.php?url=29IuHH_0uW1pI0W00

    In March, The Satanic Temple sued the Shelby County Board of Education, alleging that Memphis-Shelby County Schools turned a blind eye to the First Amendment and repeatedly tried to dissuade its After School Satan Club from meeting at Chimneyrock Elementary.

    Now, the two groups have reached a settlement, and the lawsuit has been voluntarily dismissed.

    According to a press release Thursday from the Freedom from Religion Foundation, which represented The Satanic Temple in the case, the school board is expected to pay over $15,000 to settle the suit. That amount includes $14,845 in attorneys’ fees and costs to FFRF. The board is also set to pay The Satanic Temple one dollar in nominal damages, and $196.71 for fees the organization had previously paid for unrefunded rental reservations at Chimneyrock. And it must use the same rules and requirements it does for other nonprofits when the district rents out space to The Satanic Temple.

    How we got here

    On Dec. 12, the Satanic Temple announced it would bring its “After School Satan Club” to Chimneyrock on Jan. 10, and offer science projects, community service projects, puzzles and games, natural activities, arts and crafts, and snacks.

    The group ― which is recognized as a religious organization by the IRS ― maintained that its members don’t worship or believe in Satan, but instead view him as a literary figure who rejects tyranny. It also asserted that its clubs offer a “scientific, rationalist, non-superstitious worldview," and are only placed in schools where other religious organizations already have a presence. The Good News Club, a Christian group, meets at MSCS facilities.

    Still, community backlash to the temple’s announcement came swiftly. And though MSCS leaders acknowledged that they were legally obligated to rent out space to the Satanic Temple, they also publicly excoriated it. The day after the announcement, then-interim Superintendent Toni Williams gathered with school board Chair Althea Greene, board member Mauricio Calvo, and various pastors from local churches to passionately denounce the group’s plans, and defend other faith-based organizations partnered with MSCS.

    “As a superintendent, I am duty bound to uphold our board policy, state laws, and the constitution,” Williams said at the time. “But let’s not be fooled. Let’s not be fooled by what we’ve seen in the past 24 hours, which is an agenda, initiated to make sure that we cancel all faith-based organizations that partner with our district.”

    The Satanic Temple went on to hold the After School Satan Club at Chimneyrock on Jan. 10, and on Mar. 5, it announced that times would change going forward, with the “After School Satan Club” becoming the “Before School Satan Club,” and the start time shifting to 8 a.m.

    The lawsuit

    Two weeks later, the Satanic Temple filed a lawsuit with the Western District of Tennessee division of the United States District Court.

    In the initial court document, the Satanic Temple alleged that MSCS was unlawfully discriminating against it, by charging “excessive rental rates” and “unexpected and exorbitant security fees” that it wouldn’t charge other religious organizations or nonprofits. For example, the group claimed, MSCS charged it “upwards of $250 an hour,” whereas the Good News Club and other organizations were charged significantly less to rent facilities.

    It wasn’t the first time The Satanic Temple has engaged in a lawsuit with a school system.

    In November, the organization reached a settlement with the Saucon Valley School District after alleging that district officials improperly blocked the "After School Satan Club" from meeting in school facilities. According to the American Civil Liberties Union, which represented The Satanic Temple in the case, the district was required to give the organization the same access it would provide to comparable groups, and pay $200,000 in attorneys’ fees and costs to The Satanic Temple’s attorneys.

    John Klyce covers education and children's issues for The Commercial Appeal. You can reach him at John.klyce@commercialappeal.com.

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