ACLJ Gets Texas School District to Change E-Mail Policy That Prohibits Religious Messages.

Business Editors

DALLAS--(BUSINESS WIRE)--Sept. 19, 2002

At Issue: E-Mail Message That Included President Bush's

Proclamation on National Day of Prayer

The American Center for Law and Justice, an international public interest law firm, announced today that a school district in Dallas, Texas has changed a policy that prohibited employees from using e-mail to communicate religious messages - a policy that triggered a lawsuit by the ACLJ after a school employee who sent a private message which included a proclamation by President Bush concerning the National Day of Prayer was admonished by the school district.

"We're pleased that the school district has amended its e-mail policy that discriminated against religious messages," said Stuart J. Roth, Senior Counsel of the ACLJ, which filed suit. "When a school district permits employees to communicate via e-mail on a wide variety of topics in work related and private messages, to exclude messages because they are religious in nature is not only discriminatory but unconstitutional as well. Unfortunately, it took a federal lawsuit to bring about a change in the policy. But we're delighted with the result and encouraged that future e-mails that may include messages about the President's proclamation on National Day of Prayer won't be targeted for exclusion."

The ACLJ filed suit last month in U.S. District Court in Dallas on behalf of LaDonna DeVore, a resident of Mesquite, Texas who works in the administration offices of the Highland Park Independent School District in Dallas. The suit contended the actions of the school district violated the First and Fourteenth Amendments of the U.S. Constitution.

The suit was filed because the school district had a communications policy that prohibits "religious worship" or "proselytizing" and the suit contended that the school district used the policy to censure DeVore after she sent a private e-mail that included mention of the National Day of Prayer and President Bush's remarks supporting the event.

According to the complaint, DeVore was told her April 30, 2002 e-mail was inappropriate and was warned by school officials that further use of the e-mail system to communicate religious messages could result in suspension of her e-mail privileges. The school district permits employees to use the e-mail system to communicate both work related and private messages, according to the complaint, and routinely permits e-mail messages that include jokes, chain messages, invitations to events, exhortations to encourage others, and messages with religious themes.

In a settlement agreement that has been signed by both the ACLJ and the school district and filed with the federal court, school officials have changed the e-mail policy and removed the restriction on "religious worship, or proselytizing" from the policy. The school district also agreed to no longer use examples of religious speech in its training sessions to educate school officials concerning violations of the e-mail policy. The ACLJ agreed to end its lawsuit against the school district.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law. The ACLJ is headquartered in Virginia Beach, VA and the web site address is www.aclj.org.