Portage Northern attorneys fight to keep graduation lawsuit in federal court
PORTAGE, Mich. — FOX 17 obtained new court filings in the legal battle over Portage Northern High School’s graduation date.
A student filed a lawsuit on March 27, accusing the district of religious discrimination for holding graduation on the same day as a Jewish holiday.
In the suit, the student alleges that the school district violated the Michigan Elliot Larsen-Civil Rights Act, the Michigan State Constitution, and the U.S. Constitution.
FOX 17
March 31st, Portage Public Schools challenges religious discrimination lawsuit; judge says he has no further authority over case after it’s moved to federal court.
The case started in Kalamazoo County Circuit Court but was bumped up to federal courtafter Portage Public Schools petitioned to move it to U.S. District Court.
Tuesday the school district’s attorneys laid out their argument trying to keep it that way.
They claim the federal judiciary has better expertise in addressing First Amendment claims and the right to religious expression.
Also, attorneys say they don’t believe the district will receive a fair trial in the state court system, citing a sudden hearing date change, and trouble with getting a copy of the lawsuit filing due to the court’s requirement of paying for the cost of copying pages by check only.
The defense also said they are concerned the circuit court is being influenced by the publicity the case has received.
“Defense counsel is concerned that the Kalamazoo County Circuit Court is being influenced by the barrage of publicity generated by Plaintiff and her attorneys in contacting all local media in an effort to prosecute her claims in the court of public opinion. The fact the Circuit Court without explanation expedited the hearing to take place only one day after defense counsel was able to procure the pleadings creates an appearance that the Court was influenced by the publicity generated by Plaintiff and her attorneys,” the defense stated in its filing.
Attorneys for the district also argue the late notice of the issue with the graduation date by the student will cause “irreparable harm to other students” if the date is changed now.
FOX 17
“There are total of 291 students who are graduating from Portage Northern High School at the end of the school year (classes end for seniors on May 23). Each student is provided with eight tickets to the graduation ceremony. Thus, there will be just under 2400 people attending the ceremony. Many students have invited relatives to the graduation ceremony who are traveling by air. A number of these individuals have purchased non-refundable airline tickets. Families have planned for personal celebrations to take place around the time of the ceremony,” the district’s attorneys argue.
They go on to say that in addition to graduation, there is an after-graduation event known as “Grad Bash” – an all-night party put on for the seniors “in an effort to reduce the risk of drunk driving and other safety concerns immediately following graduation.”
That event is happening at a bowling alley, which had made special considerations to keep its facility open all night for the “Grad Bash”.
According to the filing, a new date proposed by the plaintiff of May 30 conflicts with a scheduled playoff match for the girls soccer team, forcing graduating seniors on the team to decide which event to miss.
The next hearing in the case is set for April 20.
In the meantime, a temporary restraining order from Kalamazoo County Circuit Court remains in effect barring the district from holding graduation on May 26, the Jewish holiday of Shavuot.
Read the full filing:
Portage Northern Graduation Date Court Filing by WXMI on Scribd
Follow FOX 17: Facebook – Twitter – Instagram – YouTube
Source link
Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.