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EAST HIGH GAY/STRAIGHT ALLIANCE v. BOARD OF EDUC. OF SALT LAKE CITY

No. CIV. 2:98-CV-193J.

30 F.Supp.2d 1356 (1998)

EAST HIGH GAY/STRAIGHT ALLIANCE, an unincorporated association; Ivy Fox, a minor, by and through her mother and next friend, Kay Kosow Fox; Keysha Barnes, a minor by and through her father and next friend, James Barnes; and Leah Farrel, by and through her mother and next friend. Kelly Fogarty, Plaintiffs, v. BOARD OF EDUCATION OF SALT LAKE CITY SCHOOL DISTRICT, a body corporate of the State of Utah; Darline Robles, Superintendent of Salt Lake City School District, in her official capacity; and Cynthia Seidel, Assistant Superintendent, in her official capacity, Defendants.

United States District Court, D. Utah, Central Division.

November 24, 1998.

Attorney(s) appearing for the Case

Stephen C. Clark, American Civil Liberties of Utah Foundation, Inc., Salt Lake City, UT, Kelly M. Evans, American Civil Liberties Union, San Francisco, CA, Marlin G. Criddle, Laura M. Gray, Salt Lake City, UT, David S. Buckel, Lambda Legal Defense and Education Fund, New York City, Jon W. Davidson, Lambda Legal Defense and Education Fund, Los Angeles, CA, Daniel K. Slaughter, Heller Ehrman White & McAuliffe, Kathryn D. Kendell, NCLR, San Francisco, CA, for Plaintiffs.

Dan R. Larsen, Elizabeth King, Assistant Utah Attorneys General, Jan Graham, Utah Attorney General, Salt Lake City, UT, for Defendants.

MEMORANDUM OPINION AND ORDER

JENKINS, Senior District Judge.

Relying solely on their statutory claim under the Equal Access Act, 20 U.S.C. §§ 4071-4074 (1994), plaintiffs seek preliminary injunctive relief prohibiting the defendants from denying the East High Gay/ Straight Alliance, Keysha Barnes and Ivy Fox equal access to the "limited open forum" that the defendants allegedly have created for "non-curricular" student clubs at East High School...

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