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LIBERTY CHRISTIAN CENTER v. BD. OF EDUC.

No. 97-CV-610.

8 F.Supp.2d 176 (1998)

LIBERTY CHRISTIAN CENTER, INC., Charles T. Savidge, Roxanne Nicholson, and Stephen Bryant, Plaintiffs, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF WATERTOWN, Kay S. VanBrocklin, Paul Simmons, Deborah A. Cavallario, Linda S. Parsons, Elizabeth S. Lowe, Jacquelyn A. Schell, Daniel J. Villa in their official capacity as members of the Board of Education of the City School District of the City of Watertown and Warren E. Fargo, in his official capacity as Superintendent of City of Watertown, City School District, Defendants.

United States District Court, N.D. New York.

June 10, 1998.

Attorney(s) appearing for the Case

McCarthy & Secola, Vincent P. McCarthy, of counsel, New Milford, CT, The American Center for Law and Justice, Jay Alan Sekulow, Brian W. Raum, Stuart J. Roth, Joel H. Thornton, of counsel, Virginia Beach, VA, for plaintiffs.

Conboy, McKay, Bachman & Kendall LLP, Stephen W. Gebo, of counsel, Watertown, NY, for defendants.

New York State School Boards Association, Inc., Jay Worona, of counsel, Albany, NY, for defendants' Amicus Curiae.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

Plaintiffs Liberty Christian Center ("Liberty"), Charles T. Savidge, Roxanne Nicholson and Stephen Bryant brought this action pursuant to 42 U.S.C. § 1983, alleging, inter alia, that defendants violated their free speech rights under the First Amendment to the United States Constitution by denying plaintiffs the use of the Watertown High School Cafeteria (the "cafeteria"). On June 27, 1997...

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