Toledo god Stuff


Pawn is a Christian music group from Rossford, Ohio. In November 2004, Pawn volunteered themselves to perform at a school assembly,and one was scheduled. After a concerned Parent spoke, Rossford Public Schools cancelled the performance. According to Pawns website, their primary goal is to "share the excitement of Christ with those around us". Should they be allowed to perform during a school sponsored/school hour student assembly? They think so, and they're suing. Judge rules for Rossford schools in band lawsuit A federal judge has ruled that Rossford school officials didn’t violate the free speech rights of the Christian rock band Pawn in canceling the group’s performance at the high school in December, 2004.
Comments/Quotes Ruling Synopsis The Players Rossford Public Schools Rutherford Institute Pawn Pawn vs. Rossford, etc 2/17/05 Civil Complaint (PDF) Motions for Summary Judgment 10/18/05 Plaintiffs (PDF) Defendants (PDF) Memorandom Opinion and Order 7/31/06 Golden vs Rossford	Rossford cancels Christian rock band Blade 12/15/04 Anti-drug, anti-Christian School? Toledotalk.com forum 12/15/04 Christian band's plight attracts national attention Blade 12/17/04 Pawn's goal to evangelize boosted by controversy Pawn selected to record a CD with nationally known producer Travis Wyrick.. Scarborough Country transcript Students plan walkout Students' rights rally, Pawn concert scheduled Christian band may get to play in Rossford Blade 12/21/04 Controversy over Christian band revisited... Blade 1/6/05 Rossford board sidesteps dispute Blade 1/7/05 Discord absent from Rossford board meeting Blade 1/13/05 Christian Band Controversy The Journal, WBGU-PBS 1/20/05 (streaming video) Christian band sues Rossford schools Blade 2/18/05 TRI Sues Ohio School District.... Band's lawsuit proves costly Blade 3/23/05 Rossford schools reject bid to settle Blade 6/7/05 Pawn’s next move includes 2 songs about rights rift Blade 12/10/05 Band's case cost district $148,000 Blade 8/10/06 Rutherord Institute to appeal ruling Press release 8/3/06 Rossford school board cuts spending on appeal Blade 9/12/06 Rossford school board seeks to settle suit by rock band Attorney quits role in Pawn dispute in Rossford Christian bands canceled show still Reverberates in Rossford Blade 10/26/06 Rock band, Rossford end costly legal fight Blade 12/14/06 Agreement ends legal action, but not controversy Blade 12/17/06	Tim Strausbaugh, Kyle Kleeberger, Travis Montgomery, Mark Montgomery, Rob Golden. (Photo credit: The Blade/Jeremy Wadsworth) Rossford school Superintendent Luci Gernot defends her cancellation of Pawn's performance. School board member David Kleeberger, left, is the father of a Pawn member. (Photo credit: The Blade/Molly Corfman)
Ohio Ethics Commision Advisory Opinion No. 87-001 January 15, 1987 1) Division (A) of Section 102.03 of the Revised Code prohibits a present or former public official or employee, during his public employment or service and for twelve months thereafter, from representing a client or acting in a representative capacity for any person, including a new employer, on any matter in which he personally participated while in government service. (Link) During his time as a member of the of the Rossford School board, David Kleeberger consistently voted against Rossford Public Schools defense of Pawns lawsuit. During this time, he also served as the bands manager (although he no longer does). "To book a gig, or get gig information, contact Manager Dave Kleeberger" -Pawnband.com
"I think there is a place for Christian bands, and schools aren't where they belong, Maybe most people don't really see anything wrong with it, but there is a line and this is crossing it. I'm amazed they even considered it." Donna Chiaelott, Parent of Rossford High School student "This is a religious band and they are here for a religious purpose, and that is not the job of the schools. I think it's a no-brainer." Harland Britz, former general counsel-NW Ohio ACLU "....you can't single out religious expression for discrimination in public places, and that's what they are saying here." John Whitehead, Rutherford Institute

The Rossford School Board was presented with a letter containing 99 signatures of people expressing thier dismay at the cancellation of Pawns performance.... Pawn vs Rossford, Paragraph 3.14
The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. Supreme Court Justice Robert H. Jackson, West Virginia Bd. of Educ. v. Barnette 1943

The Defendants' decision to prohibit the Plaintiffs from performing at the assembly constituted viewpoint discrimination against the Plaintiffs and violated the plaintiffs right to free speech.... Pawn vs Rossford, Paragraph 5.8
It is well established that the free speech rights of individuals and religious groups to engage in religious expression must be subordinated to Establishment Clause concerns where those individuals or groups seek to observe their religion in a manner that unduly involves the government. ACLU, The Establishment Clause and the Schools: A Legal Bulletin

"....Tell you what, why don't you take a look at the 1st Amendment and the letter Thomas Jefferson wrote to the Danberry Baptists (the only place seperation of church and state exists) and then come back on and tell me how playing our music is setting up a Theocracy. (Feel free to look that up in the dictionary.) I realize that it may be a challenge for you to understand these documents primarily because there are no pictures there to help explain it to you.)" Travis Montgomery in a reply to a post, Pawnband.com forums
When government permits a religious group to take over part of the school's facilities during instructional time, however briefly, it strongly implies official endorsement of that religion....the Supreme Court stressed the importance of avoiding any"symbolic link" between government and religion. US Supreme Court, City of Grand Rapids v. Ball, 473 U.S. at 385. School sponsorship of a religious message is impermissible because it sends the ancillary message to members of the audience who are nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community." U.S. Supreme Court, Santa Fe v. Doe, (2000).



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