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Court Explains Continued Jurisdiction Over Santa Rosa Schools Consent Decree

By Howard M. Friedman

In yet another installment in the attempt by teachers, parents and others to challenge a consent decree entered into by the Santa Rosa Florida school district to settle an Establishment Clause challenge to religious activities in the schools, a Florida federal district court this week issued a ruling "intended to memorialize the basis for the court's conclusion that it retains ancillary enforcement jurisdiction over the consent decree." A Christian teachers group seeking to intervene argued that the court lacked jurisdiction because the original plaintiffs had graduated high school, rendering the case moot. In Doe v. School Board for Santa Rosa County, 2010 U.S. Dist. LEXIS 44400 (ND FL, May 6, 2010), the court said: "The decree itself stands as a valid final order subject to this court's enforcement jurisdiction, regardless of the graduation status of the named plaintiffs." The ruling seems to undercut one of the arguments raised in a separate case filed two days earlier seeking to enjoin Santa Rosa school officials from enforcing the settlement. (See prior posting.)

Full post as published by Religion Clause on May 08, 2010 (boomark / email).